1. GENERAL INFORMATION
These General Terms and Conditions of Sale (the "Terms of Sale") define the contract (the "Contract") between the customer (the "Customer") and SAS Marée Haute (the "Sellers") whose registered office is located at 16 ter rue Raymond Grandsart, registered with the La Rochelle Trade and Companies Register under SIREN number 890 298 128, with a share capital of €5,000. The director is Baptiste Bourgoin.
This website is hosted by HOSTINGER INTERNATIONAL LTD, whose registered office is located at 61 Lordou Vironos Street, 6023 Larnaca, Cyprus, and can be contacted via the following link: https://www.hostinger.fr/contact.
These general terms and conditions of sale apply, without restriction or reservation, to the purchase of all products or services (the "Orders") on-site, by telephone, online at www.mareehaute.vin (the "Site"), or by other means between the Sellers and individual consumers and non-professionals. Placing an order implies the Customer's unreserved acceptance of these General Terms and Conditions of Sale, which prevail over any other general or specific terms and conditions not expressly authorized by the Sellers. Marée Haute reserves the right to adapt or modify these Terms and Conditions at any time. In the event of modification, only the agreement in effect on the date of the order will apply.
In accordance with Regulation (EU) No 1169/2011, we inform our customers that all our wines contain sulfites. Some wines may also contain traces of egg or milk used during fining.
The consumer has two years from the date of delivery of the goods to invoke the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to prove the existence of the lack of conformity, not the date on which it appeared.
When a sales contract provides for the continuous provision of digital content or a digital service for a period exceeding two years, the statutory guarantee applies to that digital content or service throughout the entire provision period. During this period, the consumer is only required to prove the existence of the lack of conformity affecting the digital content or service, not the date on which it appeared.
The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.
If the item is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair of the goods, but the seller insists on replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by receiving a full refund upon return of the goods, if:
1° The professional refuses to repair or replace the item;
2° The repair or replacement of the item takes place after a period of thirty days;
3° The repair or replacement of the goods causes a major inconvenience for the consumer, in particular when the consumer permanently bears the costs of taking back or removing the non-conforming goods, or if he bears the costs of installing the repaired or replacement goods;
4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a price reduction or cancellation of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or cancellation. In such cases, the consumer is not required to request repair or replacement of the goods beforehand.
The consumer is not entitled to rescind the sale if the lack of conformity is minor.
Any period of immobilization of the goods for the purpose of repair or replacement suspends the warranty which remained to run until delivery of the repaired goods.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover ( Article L. 241-5 of the Consumer Code ).
The consumer also benefits from the legal guarantee against hidden defects, pursuant to Articles 1641 to 1649 of the Civil Code , for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund upon return of the goods.
2. PRICES
The prices are in Euros (€), inclusive of all taxes. Any price changes will be reflected on the Website. Prices do not include insurance or delivery charges where applicable. Delivery charges are calculated separately and included in the final invoice. The delivery charges shown are only an estimate of the final delivery charges.
The products and services sold under this Contract shall only become the property of the Client upon full payment. In the event of deferred payment, the product(s) shall remain the property of the sellers until full payment has been made in accordance with these contractual terms, even in the event of insolvency proceedings against the Client, pursuant to Articles L. 621-28 et seq. of the French Commercial Code.
All offers and prices are subject to availability. If a product is unavailable after an order is placed, the customer will be notified by email, telephone, or mail. Sellers will offer an identical product at a similar price or the option to wait until the product is back in stock. If these alternatives are not accepted by the customer, the order will be modified or canceled. In the case of a canceled order where payment has already been processed, the customer will be refunded within 30 business days.
3. PAYMENT METHODS
Full payment must be made at the time of ordering. Payment can be made using the following methods:
Credit Card: American Express, Visa or Mastercard
You may be asked to provide certain information related to your payment, including your credit card number, credit card expiration date, billing address, and shipping information. For more information on how we handle your information, please refer to our privacy policy on the website.
You represent and warrant that: (i) you have the legal right to use any credit card or other means of payment in connection with any purchase; and that (ii) the information you provide to us is true, correct, and complete.
The service may use third-party services to facilitate payment and purchases. By submitting your information, you grant us the right to provide this information to these third parties, subject to our privacy policy.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
4. DEFAULT OF PAYMENT
Sellers reserve the right to refuse to fulfill an order placed by a customer who has not fully or partially paid for an order, or in the case of a previous order from the customer that has not been paid for in whole or in part, or in the event of an ongoing payment dispute.
5. ORDER CONFIRMATION
An order is considered “confirmed” when full payment has been received. Order confirmations are sent by email to the customer's address provided on the order form. It is the customer's responsibility to provide a valid email address for order confirmation. Order confirmation implies the customer's full and unreserved acceptance of these Terms and Conditions, acknowledgment of having read them, and waiver of any other terms and conditions of purchase or any conditions not mentioned herein.
6. CANCELLATION
Once the product(s) have been collected by a customer or the service(s) delivered to the customer, the order is final and cannot be cancelled or returned. For product orders placed online on the Website, in accordance with applicable legal provisions, the Customer has the right to cancel, without giving a reason or paying a penalty, within fourteen (14) days of receiving the ordered items.
Services that have not yet been delivered to the client can be cancelled up to 24 hours before delivery. After this time, services such as Tasting Experiences, V School courses, and private events will not be cancelled and refunds will not be possible. Services cancelled in time will be refunded via the chosen payment method within fourteen (14) days of receiving the cancellation notice.
In the event of cancellation within the specified period, only the price of the product(s) and/or service(s) purchased and the delivery charges will be refunded. All costs and expenses incurred in returning the product(s) are the responsibility of the customer.
Customers have a period of fourteen (14) days from receipt of their order to exercise their right of withdrawal, in accordance with the applicable legal provisions.
To do this, they can:
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or notify their decision by email to glouglou@mareehaute.vin
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or send it by post to the following address:
HIGH TIDE
16 ter rue Raymond Grandsart
17310 Saint-Pierre d'Oléron
Customers also have the option of using the standard withdrawal form, available for download at the following address:
Download the withdrawal form (PDF)
Products must be returned to Marée Haute intact, in their original condition and packaging, including all accessories, no later than fourteen (14) days after notification of withdrawal.
The purchase price of the product(s) and the delivery charges will be refunded via the chosen payment method within fourteen (14) days of Marée Haute receiving and verifying the returned product(s). If the product(s) or proof of delivery is not returned within the required timeframe, Marée Haute reserves the right to postpone the refund until the product(s) are received. Incomplete or damaged items are not eligible for exchange or refund.
He can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code.
He is exempt from providing proof of the existence of the non-conformity of the goods during the twenty-four months following delivery of the goods.
Legal guarantee against hidden defects
The consumer may decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the Civil Code.
In this case, he can choose between rescinding the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
Consumer mediation
In accordance with the provisions of the Consumer Code (articles L.612-1 et seq.), every consumer has the right to use a free mediation service for the amicable resolution of a dispute between them and the professional.
In this capacity, Marée Haute has designated CNPM MÉDIATION CONSOMMATION as its mediation entity.
CNPM Consumer Mediation Centre
Address: 27 avenue de la Libération – 42400 Saint-Chamond
Website: https://www.cnpm-mediation-consommation.eu/
Email address: contact-admin@cnpm-mediation-consommation.eu
In the event of a complaint not resolved amicably with Marée Haute, the consumer may contact the consumer mediator free of charge according to the terms and conditions indicated on the CNPM MÉDIATION CONSOMMATION website.
7. DELIVERY
Orders are delivered by mail or express delivery exclusively to the address indicated on the order form. Sellers will make every effort to ensure timely delivery but cannot be held responsible for delays beyond their control. Standard delivery is made within five (5) business days* from the date of shipment for small and medium-sized packages delivered within mainland France. For deliveries outside of France: the Customer must submit a signed Order Form to obtain a quote for insurance, customs, and delivery charges.
Any order delivered outside of France may be subject to potential taxes and customs duties levied when the package arrives at its destination. These potential taxes and customs duties related to the delivery of an item are the responsibility of the Customer. The Seller is not obligated to verify or inform the Customer of applicable customs duties and taxes. The Customer should contact the relevant authorities in their country to find out more.
For deliveries to the United States of America, the recipient must be over 21 years of age and identification will be required upon delivery.
8. PRODUCT VERIFICATION
Upon delivery, the Customer must inspect the product(s) and, in the event of any damage, refuse the damaged goods and return them to the Sellers. When the Customer accepts the carrier's delivery, the delivery is considered accepted and the product is inspected. In the case of a refused shipment, the Customer must clearly specify the damage and note it on the carrier's delivery manifest. A copy of the manifest, including the reasons for refusing the shipment, must be sent to the Sellers within 48 hours, either by email to glouglou@mareehaute.vin or by post to the following address:
HIGH TIDE, 16 ter rue Raymond Grandsart, 17310 Saint-Pierre d'Oléron
If a damaged package is delivered and the customer signs the delivery note without modification or reservation, the product is considered accepted by the customer, and the Sellers cannot be held liable for any damage or compensation. The phrase "subject to unpacking" has no legal or commercial value.
9. RESPONSIBILITY
Marée Haute is only bound by an obligation of means. It cannot be held liable for damage resulting from improper use or other problems beyond the Sellers' control, including force majeure events.
10. JURISDICTION
These terms and conditions of sale are governed by French law. The language in which this contract was recorded is French. Any translation on the website is provided for informational purposes only. Except for those matters for which the competent courts are determined by the French Code of Civil Procedure, the Commercial Court of La Rochelle shall have sole jurisdiction in the event of any dispute. This jurisdiction shall apply even in the case of multiple defendants or warranty claims.