Terms & Conditions

 The online store rarewhiskyshop.com (hereinafter “RARE VINES B.V”) is operated by the company LES BONS ESPRITS (formerly The Japanese Spirit Company).

ARTICLE 1 – PREVENTION

The RARE VINES B.V Online Store is reserved exclusively for users aged 18 years-old and above.

Alcohol abuse is dangerous for health. Drink responsibly.

ARTICLE 2 – SCOPE

These terms & conditions govern all sales of products presented on the site RARE VINES B.V Any order implies full acceptance without reserves of these terms and conditions, that are intended to define the rights and obligations of parties under the online sale of goods offered by RARE VINES B.V.

These terms and conditions are subject to change at any time, without notice, the client is asked to read them carefully before each order and the user at each visit.

ARTICLE 3 – PRODUCTS

The products offered by RARE VINES B.V are those listed in the catalog published on the website www.rarewhiskyshop.com. These items are offered for sale in the limit of the available stock. Each article is accompanied by a description provided by RARE VINES B.V from information provided by its suppliers. The photographs in the catalog are as accurate as possible but can not ensure a perfect similarity with the proposed article, particularly with regard to color, label details or packaging.

ARTICLE 4 – ORDERS

The customer places an order on the website www.rarewhiskyshop.com. To buy one or more articles, he must mandatorily follow this process:

  • Selection of one or more article(s) and adding to cart,
  • Validation of the cart,
  • Identification with an existing account or creation of an account (possibly a “guest” temporary account) by providing all necessary requested informations,
  • Selection of a delivery method and transporter,
  • Choice of a payment option and acceptance of the terms & conditions,
  • Payment confirmation

The order is confirmed only when the customer has successively completed the steps above and his payment has been accepted. The client agrees to be at least eighteen (18) years old at the date of the order or, for customer outside Belgium, have the minimum legal age in force in his country for the purchase and consumption of alcohol.

The customer can verify, during every steps the order process, the details of his order, its total price and correct any information provided before validating his order and expressing its firm acceptance of these conditions.

The order is then confirmed by RARE VINES B.V with the sending of a confirmation email indicating the summary of products ordered, the price and transportation costs and providing the invoice attached.

RARE VINES B.V reserves ownership of products until full payment of the order, that is to say the collection of the price of the order by RARE VINES B.V.

RARE VINES B.V undertakes, within the limits of available stocks, to honor orders received on the website. If the ordered product is unavailable, the customer is informed by RARE VINES B.V which can then offer a product of equivalent quality and price, or failing that, a credit for the amount of the ordered product credited to the customer’s user account, and to apply to a subsequent order. In the event of the customer’s disagreement, RARE VINES B.V will reimburse within 14 days the sums paid for the unavailable product (s) and the associated shipping costs.

RARE VINES B.V reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order or if several serious and concordant elements would raise a suspicion of fraud on the order. Any order implies acceptance of the prices and descriptions of the items available for sale.

RARE VINES B.V reserves the right to refuse any order for legitimate reasons, particularly when the quantities ordered, by the mean of one or more orders, are abnormally high compared to the usual quantities or do not respect the quantity limits or the delivery zones indicated on certain products. More broadly, RARE VINES B.V reserves the right to cancel all or part of the orders in progress in the event of non-compliance with these terms and conditions by the customer.

RARE VINES B.V reserves the right to ask the buyer for additional guarantees of identity and payment for any order over € 4,000, and in any event, for any order comprising one or more products indicated as rare.

ARTICLE 5 – PRICE

Invoices are sent to the customer by e-mail when confirming the order and the customer can also access them in his personal account on the online store if he has created one.

The prices in the catalog are prices all taxes includes in euros, based of the VAT applicable on the day of the order. Any change in taxes may be passed on to the price of the items.

RARE VINES B.V reserves the right to modify its prices at any time, it being understood that the price appearing in the catalog on the day of the order will be the only one applicable to the customer.

The prices indicated are exclusive of delivery costs, which are indicated on the website within the cart and during checkout process, and also exclusive of potential customs clearance fees.

ARTICLE 6 – PAYMENT TERMS

Payment is made via one of the following means, at the Customer’s convenience:

  • By credit card (Carte Bleue, VISA, Mastercard and American Express) through Stripe payment platform,
  • By Paypal,
  • By bank transfer to the account of LES BONS ESPRITS

Items ordered by bank transfer are reserved for 7 calendar days from the date of the order. After this period and failing receipt of said transfer, RARE VINES B.V reserves the right to cancel the customer’s order.

ARTICLE 7 – SHIPPING & DELIVERY TERMS

Any order placed on RARE VINES B.V before 12 noon from Monday to Friday, excluding public holidays and exceptional holidays indicated on the “Delivery” page, will be prepared and shipped the same day or the next day, subject to validation of payment and the availability of the product (s) ordered. Orders placed after 12 noon will be executed the next day or within two working days, unless the order is validated on the eve of a weekend or public holiday.

These preparation and shipping times may be extended during periods of high activity, due to specific government measures, in particular health, or in the event of an exceptional closure of our warehouse.

The customer can follow the execution of his order at no other cost than the normal cost of communication, by e-mail addressed to RARE VINES B.V or directly from his customer account.

An email confirming the shipment of the order is sent the day of the actual shipment of the order.

For information, it should be noted that the delivery time (from the effective date of shipment of the order) for delivery addresses in mainland France depends on the chosen mode of transport: within 24 hours via Chronopost, within 48 hours via Colissimo. Compliance with these delivery times is the sole responsibility of the carrier.

For Chronopost and Colissimo shipments, a tracking number showing the progress of the delivery is sent by e-mail following the shipment confirmation. The customer, except guest order, can also access the tracking of his package from his RARE WHISKY SHOP account. Detailed delivery tracking is provided on the carrier’s website, via the link indicated by RARE VINES B.V. The average delivery time normally varies from 2 to 15 working days depending on the destination and chosen carrier.

RARE VINES B.V reserves the right to modify the carrier from the one selected by the customer during checkout, if this initially selected carrier does not allow delivery within delay or cost conditions announced.

Unless otherwise specified prior to the conclusion of the contract, RARE VINES B.V undertakes to deliver any product ordered on the Site within a maximum period of thirty (30) working days.

Except in cases of force majeure, if delivery does not take place within this period, the customer may request the resolution of the sale in accordance with Articles L. 121-20-3 and L. 114-1 paragraphs 2 and 3 of the Belgian Code of consumption.

The transfer of risks to be borne by the customer is effective upon delivery, so RARE VINES B.V cannot be held responsible in the event of disputes occurring after delivery of the order, as soon as the customer becomes responsible for the products.

The customer is required to check the condition of the items delivered. Any anomaly noted (missing item, damaged package, broken item, etc.) must be indicated within 3 working days of receipt. Note that RARE VINES B.V cannot be held responsible in the event of small damage, resulting from transport, on the cardboard packaging of the bottles (therefore excluding box or packaging made of wood or any solid matters), due to the fragile nature of these elements.

RARE VINES B.V  and its carrier partner assume the transport risks and will reimburse the customer provided that the package is returned to the carrier with a reasoned letter of complaint, a copy of which must be sent to RARE VINES B.V.

Delivery costs vary depending on the weight of the order, the selected carrier and the delivery country or area. Colissimo delivery costs are free from purchases of € 140 including VAT, for delivery addresses in mainland France only and up to 15kg.

In the event of delivery outside mainland France, the buyer is deemed to be the importer of the product(s) concerned.

All local taxes, customs duties or other chargeable services are the exclusive responsibility of the buyer and are its sole responsibility. In addition, it is the buyer responsibility to verify that the products ordered complies with local legislative and regulatory requirements and, if necessary, to complete all the formalities and/or obtain all the authorizations from the local authorities necessary for the purchase of the products.

ARTICLE 8 – EVALUATION

By accepting these terms and conditions, the buyer acknowledges having been informed that his personal data may be transmitted to the Netreviews / Verified Reviews third party in order to collect his opinion following his order.

Netreviews / Verified Reviews will use the personal data of buyers as part of its solution only and for the sole purposes of this solution. A partial response or an absence of response to this satisfaction questionnaire has no impact on the progress of orders and their processing.

Netreviews / Verified Reviews and RARE VINES B.V are the recipients of the personal data collected in these satisfaction questionnaires. Netreviews / Verified Reviews is formally prohibited from communicating to anyone personal or nominative information allowing the identification of the purchaser or infringing respect for his privacy.

Non-nominative data will be used by Netreviews / Verified Reviews in accordance with the regulations in force relating to data protection and in particular Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and the free movement of these data. All the information relating to the processing of your personal data is provided in our confidentiality policy.

ARTICLE 9 – RIGHT TO RETRACT

This clause is applicable only in the event of distance selling falling within the scope of Article L. 121-21 of the French Consumer Code, that is to say in the event of the sale of a good. concluded between RARE VINES B.V and a consumer, without the simultaneous physical presence of the parties who use, for the conclusion of this contract, exclusively one or more techniques of distance communication.

The buyer has a period of fourteen (14) clear days from receipt of his order to exercise his right of withdrawal without having to justify reasons or pay penalties. Only the cost of returning the goods remains the responsibility of the customer.

The withdrawal period runs from the day of receipt of the product until the shipping date indicated on the return package. To make a return, it is necessary to contact us to establish the return procedure.

Given the nature of the products offered, only products that are strictly intact, unopened, in their complete original packaging and within fourteen (14) days of receipt of the order may be returned to us.

No customer can avail himself of this right if the products ordered are by their nature likely to deteriorate or expire quickly or if the goods have been specially made and / or personalized according to the wishes of the customer.

Upon receipt of the products in accordance with the condition described above, the refund will be made using the same means of payment as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees for the Seller to use another method of payment, and insofar as the reimbursement does not incur costs for the Customer. RARE VINES B.V also reserves the right to defer reimbursement until receipt of the Product or as long as the Customer has not demonstrated that he has shipped the Product. The Customer is recommended to make the return using a solution that allows tracking of the package. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services in order to ask them to locate the latter

ARTICLE 10 – CUSTOMER SERVICE

RARE VINES B.V undertakes to respond as quickly as possible, and at the latest within 15 (fifteen) days, to any order or request received. The customer service responds to calls and letters in English or French. The customer is requested to use one of these languages in all communication.

The customer service can be contacted on working days by e-mail to clients@rarewhiskyshop.com or by phone, Monday to Friday from 10 a.m. to 1 p.m. and from 3 p.m. to 6 p.m. (Paris time).

ARTICLE 11 – LEGAL WARRANTY

The customer benefits, in France, from the legal guarantee in accordance with articles 1641 to 1649 of the Civil Code and L. 211-4 and seq. of the French Consumer Code.

As such,RARE VINES B.V remains liable for defects in conformity of the goods with the contract and for crippling defects and defects of conformity under the conditions provided for by the aforementioned provisions. In the event of a lack of conformity, the customer chooses between repair and replacement of the product.

However,RARE VINES B.V may not proceed according to the customer’s choice if this choice entails a manifestly disproportionate cost with regard to the other modality, taking into account the value of the product or the importance of the defect.RARE VINES B.V is then required to proceed, unless this is impossible, according to the method not chosen by the customer.

If the repair and replacement of the product is impossible, the customer can return the product and have the price returned or keep the product and have part of the price returned, in accordance with the provisions of article L. 211-10 of the French Code of consumption.

However, given the nature of the products offered by RARE WHISKY SHOP, no guarantee can be given in relation to the taste or appearance of the products.

Unless otherwise provided by law,RARE VINES B.V’s liability may in no case exceed the amount of the value of the goods invoiced.

RARE WHISKY SHOP is also released from its obligations in the event of the occurrence of events considered to be force majeure or fortuitous events such as, and without this list being exhaustive, fire, flood or any other event having caused partial or total destruction of RRARE VINES B.V‘s stock and / or supplies, strikes and lockouts, natural disaster, war.

 

ARTICLE 12 – INTELLECTUAL PROPERTY RIGHTS

The Site and each of its elements are the exclusive property of RARE VINES B.V and its partners. RARE VINES B.V is the only one authorized to use all intellectual property rights relating thereto, in particular trademarks, designs and models, logos, graphics, photographs, animations, videos, texts, copyright and image rights, as original or by the effect of an express authorization.

Any distribution, reproduction, representation or adaptation, in whole or in part, of the Site or any of its elements is prohibited, as is their alteration.

The rights of use granted by RARE VINES B.V to the user are reserved for private and personal use. Any other use by the user is prohibited without the express written permission of RARE VINES B.V.

The user agrees not to modify, copy, reproduce, download, distribute, transmit, use and / or distribute in any way any element of the Site, including the computer codes of the elements composing it.

All trademarks mentioned or used on the Site are the exclusive property of their respective owners.

ARTICLE 13 – RESPONSIBILITIES

WHISKYINFINITE cannot be held responsible for direct or indirect damage, losses or costs, resulting from the use of the Site, or the inability to use it, or from a malfunction, an interruption due to handling or for any other cause, a virus, or a connection, line or system problem.

Site Content

RARE VINES B.V makes its best efforts to ensure that the information accessible through its Site is accurate. However, RARE VINES B.V does not guarantee in any way that this information is exact, complete and up to date.

Under no circumstances can RARE VINES B.V be held liable for any direct or indirect damage, of whatever nature, arising from the use of its Site.

The information on the Site as well as the photos or representations are only indicative and neither their content nor their accuracy can be guaranteed. This information does not contractually bind RARE VINES B.V.

RARE VINES B.V declines all responsibility for any decisions that may be taken on the basis of this information.

The content of the Site is subject to change without notice.

External links

RARE VINES B.V declines all responsibility for the content available on other websites to which there are links. Access to websites linked to the Site is at the user’s own risk.

RARE VINES B.V also declines all responsibility for all information and content on third-party sites which contain links to the Site.

ARTICLE 14 – DROIT APPLICABLE ET MEDIATION

Applicable law and disputes

These terms and conditions are governed by law, applied and interpreted in accordance with this law. In the event of a dispute in relation to these terms and conditions, the Parties attribute exclusive jurisdiction to the courts, and specifically to the courts of Brussels, to hear it, in all cases where the provisions in force allow it. For all practical purposes, it is expressly stipulated that the foregoing jurisdiction clause does not apply to a consumer.

Entirety of agreement

The Parties expressly declare that these terms and conditions express their entire agreement with regard to their object, and that they cancel and replace all previous agreements between them in relation to this object.

Autonomy, adaptation and modification

If any of the stipulations of the general conditions are void, the relevant stipulation will not be applied but the other stipulations of the general conditions will remain in force..

Translation

We have written these terms and conditions to make them clear and understandable for all of our customers. We provide our clients with an English translation of our terms and conditions. We have taken the greatest care to ensure that this translation conforms to the official versions of the general conditions. However, it is possible that certain stipulations remain open to interpretation and lead to ambiguity. In case of ambiguity, the official French version will be the only correct and main version.

Consumer mediation

 To this end, the professional guarantees the consumer effective recourse to a consumer mediation system”.

As such,RARE WHISKY SHOP offers its Customers, in the context of disputes which have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows:
Médiation Solution
222, chemin de la bergerie

It is recalled that mediation is not compulsory but only offered in order to resolve disputes while avoiding recourse to justice.

“Distiller’s Club” Subscription Conditions

ARTICLE 1 – SCOPE

These conditions govern the service provided by the Company LES BONS ESPRITS (hereinafter, “RARE WHISKY SHOP“) under the name “DISTILLER’S CLUB” (hereinafter, the “Service”). This Service, presented in the form of an annual subscription granting various benefits and services, is attached to the customer’s account on the site www.rarewhiskyshop.com (hereinafter, the “Site”). These conditions supplement and / or derogate from the sale terms and conditions of the Products.

The Service is only intended for users above eigthteen (18) years old, having the status of consumer, within the meaning of the introductory article of the French Consumer Code, and residing in France or in a country of the European Union only. (hereinafter the “Member”).

The Service is personal to the Member and not transferable.

The Service is reserved exclusively for individual Member and cannot therefore be subscribed to by a company and legal person, in particular customers ordering items with the aim of reselling them or for commercial, professional or institutional use.

RARE VINES B.V reserves the right to terminate the Service, in the event of a violation of the eligibility conditions.

ARTICLE 2 – SERVICE SUBSCRIPTION TERMS

To subscribe to the Service, the Member must first have a user account in accordance with the provisions of the General terms and conditions of RARE VINES B.V. has provided above. Subscription to the Service is not possible as a “guest”.

The Member must then log on to the Site www.rarewhiskyshop.com, add to his cart the annual “DISTILLER’S CLUB” subscription, listed in the RARE VINES B.V product catalog, then proceed to confirm the order. After validation of the order and full payment of the price, the Member’s customer account will be automatically identified and membership of the DISTILLER’S CLUB Service will be taken into account. A confirmation email will be sent to the Member, the latter therefore benefiting from the advantages granted by the Service.

ARTICLE 3 – DESCRIPTION OF THE SERVICE

As of the date hereof, the Service includes various advantages accessible on the Site www.rarewhiskyshop.com:

  1. Free delivery in mailand Belgium

Free delivery on all the options offered for a delivery in mainland Belgium, including express delivery via Chronopost (except for Corsica*).

For any order in Metropolitan France (excluding Corsica for express and DOM TOM) for an amount of more than twenty-five (25) euros and for products eligible for the program only, the Member benefits from free delivery to relay point, at home or express within the maximum weight limit configured for these carriers (15 kg for Colissimo and 20 kg for Chronopost).

The delivery conditions applied are those described in the General terms and conditions of RARE VINES B.V (article 7).

Free delivery does not apply to deliveries in the French overseas departments and territories or in European Union country other than Metropolitan France.

 

  1. Priority access to rare products

The Member is aware that Service membership does not guarantee him the availability for the purchase of the products of his choice, the latter remaining subject to the rules of availability described in the General terms and conditions of RARE VINES B.V, within the limit of stocks available. The Service therefore grants him priority access to these products, the stock then being reserved only for the circle of Members of the Service and not for all users and customers of the www.rarewhiskyshop.com Site.

  1. Exclusive promotional offers

The Member will have access at regular intervals to offers and discounts reserved exclusively for Members of the “DISTILLER’S CLUB” Service. These offers or discounts take the form of promotional codes to be entered when ordering, these codes being valid only for customers with an active membership at the time of purchase. The nature of the discounts or offers and the products to which these promotional elements apply are at the discretion of WHISKYINFINITE and cannot be generated or decided by the Member.

  1. rarewhiskyshop.com

The services and advantages linked to “DISTILLER’s CLUB” Service membership are applicable to the products offered on the Site www.rarewhiskyshopcom from the date of subscription.

The Member subscribes to the Service with knowledge of the unavailability of the DISTILLERIES Site at the time of subscription and therefore cannot claim a refund or a credit due to the unavailability of this Site within the desired timeframe.

ARTICLE 4 – DURATION OF SERVICE

The Service is valid for one (1) year from the date of subscription, characterized as the date on which the Member had paid the price for the Service.

Once membership is validated, a DISTILLER’S CLUB membership card is available on the Member’s account, as well as the date of termination of membership.

Renewal

The contract is not tacitly renewable. The Member is free to take out a new membership at the end of his contract by ordering a new subscription within the RRARE VINES B.V catalog as described in article 2.

As the renewal of the Service gives rise to a new contract, the Member must be aware of the new terms and benefits to which he subscribes and agree to them.

ARTICLE 5 – MODIFICATION OF THE SERVICE

RARE VINES B.V reserves the right to modify these conditions at any time. The changes are effective for all Members from the moment they are put online, it being understood that Members who have subscribed to the service prior to these changes may freely terminate their subscription if the changed conditions are no longer suitable for their use. The membership amount will then be refunded to the Member on a pro rata basis from the date of termination until the theoretical date of renewal.

RARE VINES B.V undertakes to inform the Member of these changes within thirty (30) days before the planned date of application.

ARTICLE 6 – ABUSE AND SUSPENSION

The Service is personal to the Member and not transferable. The services and advantages are reserved exclusively for the customer holding the account associated with the service. In the event of abuse (such as multiple delivery and/or billing addresses, abnormally high number of successive orders over a short period),RARE WHISKY SHOP reserves the right to temporarily or permanently suspend the validity of the Service’s membership. In this case no reimbursement can take place.

In the event that RARE VINES B.V deletes the “DISTILLER’S CLUB” Service from the www.rarewhiskyshop.com Site, a credit note corresponding to the number of months not used will be credited to the Member’s account in compensation.

ARTICLE 7 – RIGHT TO RETRACT

In accordance with Article L.221-18 of the French Consumer Code, the Member has a right of withdrawal of fourteen (14) days from the date of subscription to the Service.

To exercise his right of withdrawal, the Member must inform RARE VINES B.V of his decision to withdraw, before the expiry of the period provided, by any means, especially by contacting us here. Its decision to retract must be unambiguous.

However, article L.221-28, 1 ° of the French Consumer Code provides that the right of withdrawal cannot be exercised for contracts for the supply of services fully executed before the end of the withdrawal period and whose execution has started after prior and express consent of the consumer and express waiver of his right of withdrawal.

Therefore, by using the Service during the said withdrawal period, the Member expressly declares to start the execution of the contract and to waive his right of withdrawal.

ARTICLE 8 – PRICE OF THE SERVICE

The reference price for the Service is € 49 including tax / year. Unless there is a promotional offer in progress, this amount must be paid, by all means of payment available on the Site, at the time of the order.

ARTICLE 9 – PERSONAL DATA

The rules for the protection of personal data collected by RARE WHISKY SHOP as part of the Service are defined by the data protection policy described on this page.

ARTICLE 10 – APPLICABLE LAW

The rules of applicable law and dispute resolution relating to the Service are identical to those defined in Article 14 of the General Terms and Conditions.

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