GENERAL TERMS AND CONDITIONS OF SALE

Applicable from 29/04/2024

Preamble

You are currently connected to the website https://www.mte-international.fr/. This document aims to inform you about the company and its General Terms and Conditions of Sale.

These General Terms and Conditions of Sale apply to all orders placed on the website https://www.mte-international.fr/ (hereafter referred to as "the site").

These General Terms and Conditions of Sale (hereafter referred to as the "GTC") govern the sale of products marketed between:

on the one hand:

the company M.T.E.I. M.T.E. INTERNATIONAL, a French limited liability company (SARL), with its headquarters located at 238 rue du Pic Vert - 16130 JUILLAC-LE-COQ, registered in the Angoulême Trade and Companies Register under number 520 749 532, with intra-community VAT identification number FR73520749532. Hereinafter referred to as "the company."

And, on the other hand,

by any natural or legal person wishing to make a purchase through the Website https://www.mte-international.fr/. Hereafter referred to as "the Buyer" or "the Client."

The parties agree that their relations will be governed exclusively by this contract, to the exclusion of any conditions previously available on the website. However, if any condition is missing, it will be governed by the prevailing practices in the remote sales sector for companies headquartered in France.

The Client acknowledges having, prior to placing the order, read all the aforementioned information and the General Terms and Conditions of Sale.

1. Purpose

Scope of Application

These General Terms and Conditions of Sale (hereinafter referred to as "GTC") aim to define the contractual terms (Rights and Obligations) between the company MTE INTERNATIONAL and the Buyer, in the context of the sale of products by MTE INTERNATIONAL through its e-commerce site: https://www.mte-international.fr/.

The present contract consists of these General Terms and Conditions of Sale and the order form. However, the photographs illustrating the products on the site are not part of the contractual scope. If errors or alterations result from the processing of these photographs or from their display on the user's screen, the responsibility of MTE INTERNATIONAL cannot, under any circumstances, be held liable for such occurrences.

Duration of Application and Modifications to the General Terms and Conditions of Sale

These General Terms and Conditions of Sale are valid from April 29, 2024. This edition cancels and replaces previous versions.

These GTC are agreed upon, following their acceptance, for the entire duration of the execution of any order made based on the said GTC and any possible warranties associated with MTE INTERNATIONAL products concerned by the order, except in cases of termination/resolution or force majeure.

The company MTE INTERNATIONAL reserves the right to adapt or modify these General Terms and Conditions of Sale at any time and without prior notice. In the event of modifications, the General Terms and Conditions of Sale in effect on the day of the order will be applied to each order.

Legal Age and Usage Restrictions

In accordance with Article L. 3342-1 of the French Public Health Code applicable to websites selling alcoholic beverages, which states that "the sale of alcoholic beverages to minors is prohibited," the Client agrees to certify that they have the required legal age when placing an order.

Thus, the Buyer must be at least eighteen (18) years old, legally capable of entering into a contract, and use this Site in accordance with the General Terms and Conditions of Sale.

The resale or distribution of products purchased from https://www.mte-international.fr/ is prohibited.

2. Product Availability

The products and services offered by MTE INTERNATIONAL are presented on its Site in the French language. Any citizen of the European Community and countries adhering to Directive 95/46/EC cannot use their lack of language proficiency as a reason to void the contract.

The product and price offers are valid as long as they are visible on the Site, within the limit of available stock. In the event of product unavailability after an order has been placed, the Client will be informed by email or phone as soon as possible.

MTE INTERNATIONAL will offer to supply a similar product at an identical price. If not accepted, and if payment has already been processed, a refund will be issued within a maximum of thirty (30) days.

On our website, the products presented are theoretically all available. If we cannot deliver a product for any reason, we will refund the total cost of the order within ten days of sending the email informing you that the ordered product is unavailable. Refunds will be processed through a credit to your account following the same method used for payment. We cannot be held responsible if products from our suppliers are out of stock, causing delays in the delivery of your order.

Due to the unique nature of the Internet, MTE INTERNATIONAL does not guarantee the real-time availability of all products and services on its Site.

3. Geographic Area

The products sold online and presented on the Site are delivered to Metropolitan France (including Corsica), to the countries of the European Community, and worldwide (except for certain exceptions).

However, it is the Client's responsibility, as the importer of the products, to ensure they comply with the legal requirements of their country. Thus, the products ordered are imported into the destination country by and under the responsibility of the Client. Furthermore, the Client will handle all necessary procedures concerning taxes and other customs or importation fees, and more generally, any costs associated with these processes.

The Client declares to understand and accept that they cannot legitimately invoke the right of withdrawal mentioned in Article 13 if they fail to meet the obligations outlined in the previous paragraph.

4. Order

Any order form signed by the Client with a "double-click" constitutes an irrevocable acceptance that can only be challenged in cases strictly defined by this contract.

Indeed, the "double-click" combined with the authentication and non-repudiation procedure and the protection of the integrity of messages constitutes an electronic signature within the meaning of Article 1316-4 of the French Civil Code.

Any agreement to a quote sent by email to the Buyer, and returned to MTE INTERNATIONAL with explicit approval, also constitutes an irrevocable acceptance.

Order Process

Prior to any Order, the Buyer declares that the purchase of any Product is intended for private and personal use, excluding any commercial, competing, or any other purpose that could harm MTE INTERNATIONAL.

The Buyer who wishes to purchase a product online must necessarily follow the procedure described below.

In order to place an Order, the Buyer must have an Account and be logged into the said Account using their Credentials. If the Buyer does not already have an Account, creating an Account is offered to the User during the Order placement process.

The Buyer must fill out the online order form, providing all references for the chosen products and the desired quantities.

The information and data provided by the Buyer during the order process are binding. In case of any error(s) in input, MTE INTERNATIONAL cannot be held responsible for the resulting consequences and the inability to ensure delivery.

This clause is applicable in case of delay or error in delivery: in such cases, all costs incurred by MTE INTERNATIONAL for re-shipment will be entirely at the expense of the Buyer.

The Buyer verifies the details of their order and its total price. They have the opportunity to correct any possible errors before confirming the order a second time.

The validation of the order entails acceptance of the General Terms and Conditions of Sale, acknowledgment of having perfectly understood them, and, if applicable, the waiver of reliance on their own purchasing terms or other conditions.

Order Confirmation

Any order placed with MTE INTERNATIONAL must be confirmed by the latter for the order to be definitively accepted.

All orders are subject to the Seller's acceptance. Indeed, MTE INTERNATIONAL reserves the right to cancel any order from a Client with whom there is a dispute related to the payment of a previous order, or other cases provided for in this contract.

The order confirmation will be sent by email to the Buyer as soon as possible, provided that the Buyer supplies a valid email address without any usage restrictions (such as a work email). In this specific case, MTE INTERNATIONAL cannot be held responsible for the non-receipt of the order confirmation containing all contractual information and serving as proof of the transaction.

Each order confirmation contains a delivery date for the given order. The product delivery time indicated at the time of order registration is only for reference and not guaranteed.

Consequently, exceeding this deadline does not give rise to any compensation of any kind and cannot justify order cancellation.

Additionally, the specified delivery time is automatically suspended by any event beyond the control of MTE INTERNATIONAL that causes a delay in product availability.

The Client assumes the costs and risks associated with loading and transporting the sold products after their availability and until their arrival at their destination.

In any event, product availability within the timeframe can only occur if the Client has met all their obligations to MTE.

5. Price

Unless otherwise expressly stated, the prices of the products sold are those listed in the online store on the day the order form is submitted. The prices listed in the store catalog are expressed in euros, inclusive of all taxes (TTC). They take into account the VAT applicable on the day of the order. They do not include the shipping costs, which are charged additionally and will be indicated in the order confirmation.

All orders are payable in advance in euros.

The prices are valid as long as they are visible on the Site, within the limit of available stock. MTE INTERNATIONAL reserves the right to modify prices at any time and commits to applying the rate in effect on the date of order validation, subject to the availability of the ordered product on that date.

6. Product Characteristics

Each MTE INTERNATIONAL product sold on the Site is accompanied by a descriptive sheet containing its essential characteristics, which the User is encouraged to read carefully before placing any Order.

MTE INTERNATIONAL makes its best efforts to ensure that the visual representations of the Products (including photographs, videos, drawings, diagrams depicting the Products) are as faithful as possible.

However, MTE INTERNATIONAL cannot guarantee a perfect similarity between the visual representations on the Site and the Products actually offered for sale (particularly concerning the color rendering, materials, etc.). Consequently, the product visuals do not have contractual value. The Buyer is encouraged to refer to the descriptive sheet for each Product to know its precise characteristics.

7. Payment and Invoicing Terms

MTE INTERNATIONAL provides the Buyer with a payment method offering maximum security and guarantees :

- credit or private card (Carte Bleue, Visa, Eurocard/Mastercard), by entering directly into the designated area (secured by SSL encryption) the card number without spaces between the digits, its expiration date, and its security code.

Order Service department

238 Rue  du Pic-Vert, l’Echalotte - 16130 JUILLAC-LE-COQ. FRANCE.

The Client guarantees MTE INTERNATIONAL that they have the necessary authorizations to use their chosen payment method when validating the order.

MTE INTERNATIONAL reserves the right to refuse any order from a Buyer with whom there is an ongoing payment dispute or a Buyer who has not fully or partially paid for a previous order.

For credit card payments, MTE INTERNATIONAL may perform certain verifications. If the information provided by the Client is verified by MTE INTERNATIONAL, the data related to the Client's order is subject to automated processing for which MTE INTERNATIONAL is responsible. This automated data processing aims to determine a level of analysis for a transaction and combat credit card fraud.

MTE INTERNATIONAL is the recipient of the data related to the Client's order. Failure to provide the data related to the order prevents analysis and therefore the completion of the purchase.

The occurrence of a non-payment due to fraudulent use of a credit card will result in the registration of the data related to the order associated with this non-payment in a payment incident file maintained by MTE INTERNATIONAL. An irregular or anomalous declaration may also be subject to specific processing.

In accordance with the French Data Protection Act of January 6, 1978, you have the right at any time to access, correct, and oppose all your personal data by writing by mail and providing proof of your identity to: MTE INTERNATIONAL, 238 rue du Pic Vert - 16130 JUILLAC-LE-COQ.

8. Retention of Title Clause

MTE retains ownership of the goods sold until full payment of the price, including principal and accessories (including but not limited to taxes and transportation costs). Payment in the sense of this clause means actual receipt of the price by MTE INTERNATIONAL.

If the Client is subject to receivership or liquidation, MTE reserves the right to claim, within the framework of collective proceedings, the products sold and unpaid.

The documents provided to the Client are governed by the Intellectual Property Code. They therefore remain the property of MTE INTERNATIONAL. It is thus prohibited to reproduce, transfer, or exploit the documents provided without the consent of MTE INTERNATIONAL.

The Client agrees, until full payment of the price, under penalty of immediate reclamation of the products by MTE, not to transform said products or resell or pledge them.

Risk transfer takes effect upon the effective delivery of products ordered from the online store.

9. Execution of the Order

MTE INTERNATIONAL reserves the right to refuse an order for a "legitimate reason" (as defined by jurisprudence), which may include, but is not limited to, cases of product unavailability, excessive or unreasonable customer requests, suspected inability of the customer to enter into a contract, or clear intent to harm MTE INTERNATIONAL.

Additionally, MTE INTERNATIONAL reserves the right to not process an order if there's a significant typographical error that leads to the display of an incorrect ("vil prix") price, even after the order confirmation is sent to the customer. In this situation, the customer cannot claim any form of compensation. MTE INTERNATIONAL will contact the customer to determine if they would like to proceed with the corrected price or cancel the order.

Furthermore, MTE INTERNATIONAL retains the right to refuse an order in cases of disputes with the customer, non-payment (full or partial) of a prior order, or denial of bank authorization during the online payment process.

In any case, MTE INTERNATIONAL commits to processing orders promptly to deliver the purchased products by the indicated date on the order form.

10. Invoicing

An invoice will be automatically sent to the Client upon placing an order. It will be emailed to the address provided by the Client during the order process, unless specified otherwise.

11. Delivery

Products purchased on the website https://www.mte-international.fr/ can be delivered to mainland France (including Corsica), countries in the European Community, and worldwide (except for certain locations). However, the following delivery addresses are not accepted: post office boxes, Cedex, and military bases.

Products are shipped to the delivery address(es) provided during the ordering process. The Client can track the order status to know the progress of the delivery. The Client is informed by email when the order is shipped. This email contains the website address for tracking the package, the tracking number, and the estimated delivery date.

We insure the merchandise up to the place of delivery. It is the responsibility of the recipient to inspect the package in the presence of the delivery person and make any necessary reservations on the spot in case of an issue.

Shipping costs are calculated based on the type of service chosen, the type of products purchased, and the total weight, if applicable. Delivery times stated in the delivery section of the website are calculated in business days. The indicated times are average times for processing, preparing, and shipping the order.

Each order will be accompanied by a summary document (as required by Article L 121-19 of the Consumer Code) containing:

- Identification and contact information of the company

- Shipping costs

- Payment and delivery methods

- Essential characteristics of the product

- The price

- The address for submitting complaints

- Information related to after-sales service

Any failure or delay in delivery exceeding seven (7) business days must be reported to our Customer Service as soon as possible.

If you receive the product after the cancellation of your order, you should return it complete and in its original condition, allowing us to refund it upon receipt.

In case of missing or damaged products during transport, the Client must make all necessary reservations upon receiving said products. These reservations must be handwritten and accompanied by your signature, indicating any anomaly concerning the delivery (open package, damaged product, "the delivery person refused to wait while the item was unpacked," etc.). This verification is considered completed once the Buyer, or someone authorized by them, has signed the delivery receipt.

12. Right of Withdrawal (Droit de rétractation)

In accordance with Article L121-20 of the French Consumer Code, the Client has a period of seven (7) clear days to exercise their right of withdrawal without having to provide a reason or pay penalties, except, where applicable, for return costs. The seven-day period begins from the date of receipt of the ordered products (noting that if the deadline falls on a Saturday, Sunday, public holiday, or non-working day, it is extended to the next business day).

However, the Client may not invoke this right in the following cases:

- Provision of a service whose execution has begun or has been completed before the end of the seven-day period.

- Provision of goods manufactured according to the consumer's specifications or clearly personalized, or which, due to their nature, cannot be reshipped or are likely to deteriorate or expire quickly.

MTE INTERNATIONAL recommends that Clients who wish to exercise their right of withdrawal inform Customer Service. A return number for the relevant product(s) will then be assigned, and the Client will receive an email, which must be included in the package, with the notification of their return number and the address where the product must be returned.

Packages for which no element allows the sender to be identified (order number, name, first name, address) will not be accepted for return.

The product(s) must be returned in their original condition and packaging, complete with a copy of the purchase invoice and the completed return slip or the email indicating the return number. The product(s) must not have undergone any alteration whatsoever.

Upon receipt and inspection of the products returned by the Client, MTE INTERNATIONAL will send an email confirming the withdrawal and proceed with a refund within a maximum of eight (8) days. The refund is made by bank transfer for card payments and by check for check payments.

If the Client's withdrawal decision reaches MTE INTERNATIONAL before the relevant order has been prepared, MTE INTERNATIONAL will immediately cancel all or part of the relevant order.

The costs and risks associated with returning merchandise are borne by the Client who ships it. The return of the product(s) will result in a refund equal to the purchase price of the product(s) purchased (including the amount paid by the Client for shipping costs).

13. Exchange, Refunds

In case of non-conformity with the order, the Customer can return the received product(s). In this case, for the return to be accepted, the Customer must inform Customer Service within five (5) days if the wrong product has been received.  

Any claim made outside this timeframe will not be accepted.

Returns will only be accepted for products that are in perfect condition, in their original state and packaging.  

The product(s) must be returned, accompanied by the purchase invoice and the return agreement number, to our Customer Service address.  

Regarding the returned product, it will be refunded or exchanged depending on your request and available stock. If a refund is necessary, it will occur within thirty (30) days following the receipt of your return. Return fees may be reimbursed upon submission of valid proof.

14. Warranty

MTE INTERNATIONAL is subject to the legal warranty against hidden defects, as outlined in Article 1641 and following of the French Civil Code, which states: "The seller is liable for the warranty against hidden defects in the item that make it unsuitable for the use it was intended for, or that so impair its use that the buyer would not have acquired it, or would have paid a lower price, had they known about them."

Consequently, the Customer has up to two (2) months (from the delivery date) to submit a claim to MTE INTERNATIONAL. Beyond this period, MTE INTERNATIONAL will no longer guarantee the wines, as there can be no control over the quality of the storage location (an essential factor in wine preservation), unless the Customer can provide proof that the deterioration of the wine occurred before the sale.

MTE INTERNATIONAL will replace the defective products covered under the warranty or refund part of the price to the Customer who opts to keep the product.

MTE INTERNATIONAL does not guarantee any potential harmful consequences that these hidden defects may have caused to the Customer.

15. Customer Service

For any information or questions, our Customer Service is available via email at info@mtevins.fr or by phone at 09 77 92 40 28.

16. Force majeure

MTE cannot be held liable for any loss or damage resulting from a delay or non-performance of any of its obligations under these General Terms and Conditions if this failure is caused by an event of force majeure in accordance with Article 1218 of the Civil Code.

17. Assignment of jurisdiction

These General Terms and Conditions are governed by French law.

Any dispute regarding the validity, interpretation, or execution of the General Terms and Conditions must first, and to the extent possible, be resolved through amicable negotiations between the Parties.

If an amicable resolution is not reached, the dispute will be brought before the Judicial Court of Angoulême.

18. Language

The present GTCs are written in French.

In case of conflict between the French version and any translated version, the French version shall prevail."

19. Electronic signatures

The 'Double Click' procedure, along with the authentication and non-repudiation process during the Client's order, and the acceptance of these General Terms and Conditions of Sale, constitutes an electronic signature as defined by Article 1316-4 of the French Civil Code. This article states : 

When it is electronic, it consists of using a reliable identification process that ensures its connection to the act to which it is attached. The reliability of this process is presumed, until proven otherwise, when the electronic signature is created, the identity of the signer is assured, and the integrity of the act is guaranteed, under conditions set by a Council of State decree.

20. Responsibility

MTE INTERNATIONAL, in the process of online sales, is only bound by an obligation of means; its responsibility cannot be engaged for damage resulting from the use of the Internet, such as data loss, intrusion, viruses, service interruption, or other unintended issues.

21. Evidence

The computerized records, stored on the servers of MTE INTERNATIONAL and on the servers of its banking establishments, will be considered as evidence of communications, orders, and payments between the parties.

22. Conservation and Archiving of Documents

The archiving of transaction data is done on a reliable and durable medium, in accordance with Article 1348 of the French Civil Code. It is thus conducted in compliance with the AFNOR Z 42-013 standard, which governs the design and operation of computer systems to ensure the conservation and integrity of records stored in these systems.

23. Personal Information

Any user has the right to verify the accuracy of this data and may request its correction or deletion by writing to MTE INTERNATIONAL at the following address: 238 rue du Pic Vert - 16130 JUILLAC-LE-COQ.

The information and contact details concerning the Client are confidential. They are used for processing orders and sending information about products similar to those previously provided. The Client can oppose, at no cost, except for those related to transmitting the refusal, and in a simple way, the use of their contact details, each time a message is sent to them. To do so, they simply need to write to the following address: 238 rue du Pic Vert - 16130 JUILLAC-LE-COQ.

24. Intellectual Property

In accordance with laws governing Intellectual Property (literary and artistic property rights, industrial property rights), this website and all elements within it—including brands, designs, models, logos, graphics—are the exclusive property of MTE INTERNATIONAL.

Reproduction or use of any or all of these elements is permitted exclusively for informational purposes and for personal private use; any reproduction or use of copies made for other purposes is strictly prohibited. Any other use constitutes infringement and is subject to penalties under Intellectual Property law, unless prior written authorization is obtained from MTE INTERNATIONAL.

Any simple or hypertext link is strictly prohibited without express written consent from MTE INTERNATIONAL.