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Article 1 - Presentation
1.1. QUARRY CELLARS
Membership of the Le CLUB card loyalty program (hereinafter referred to as "Le CLUB") is offered by CAVES CARRIÈRE, a simplified joint stock company with share capital of 58,512 euros, registered with the Dijon Trade and Companies Register under number 528 069 636, located at 12 rue de Skopje 21000 Dijon, France, and operating as a beverage retailer in specialized stores (4725Z).
1.2. Le CLUB loyalty program
The principle of the CLUB loyalty program is simple: Members earn points for each purchase made from CAVES CARRIÈRE. The total points accumulated will enable the Member to access one of the statuses offered by CAVES CARRIÈRE.
Depending on the number of points accumulated, Members can access different CLUB levels as follows:
-REGIONAL CLUB" starting at 1 point (grape)
-CLUB VILLAGE" starting at 3,600 points (grapes)
-PREMIER CRU CLUB" starting at 6,000 points (grapes)
-CLUB GRAND CRU" starting at 12,000 points (grapes)
The number of points accumulated depends on purchases made during the year N-1 or the amount of the customer's first order.
The Member is a member of a CLUB for the duration of the calendar year.
For example, you earn 3,800 points in year N. From the 1sterJanuary of year N+1 you will be considered as a CLUB VILLAGE member and will benefit from all the advantages of this membership.
Article 2 - Scope of application
These General Terms and Conditions of Membership of the CAVES CARRIÈRE CLUB loyalty program define the conditions of membership of the program and govern the relationship between CAVES CARRIÈRE and the Member of said program.
These terms and conditions apply automatically to members of the program. Membership of the Le CLUB loyalty program is therefore subject to these terms and conditions.
At the time of joining, they will be made available to the future Member, who will be able to consult and download them. Membership implies acceptance of the present terms and conditions.
The terms and conditions of membership of the Le CLUB loyalty program are set out in article 3.2 hereof.
CAVES CARRIÈRE reserves the right to modify the General Terms and Conditions of Membership of the CLUB loyalty program at its own discretion. In this case, any new membership will be subject to the new conditions.
Article 3 - CLUB membership conditions
3.1 - Conditions relating to Members
Le CLUB is reserved for CAVES CARRIÈRE customers only. CAVES CARRIÈRE employees are not eligible for the Le CLUB loyalty program.
Only natural persons of legal age may join the Le CLUB program.
The Member must be a consumer, i.e., according to the preliminary article of the French Consumer Code, a natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, artisanal, liberal or agricultural activity.
Any natural person or legal entity (company, works council, association, etc.) acting within the framework of its commercial, industrial, craft, liberal or agricultural activity to make purchases on its own behalf may not be admitted to the CLUB and may not therefore benefit or allow a natural person to benefit (even if the latter has joined the Loyalty Program) from the advantages of the CLUB program.
In addition, any legal entity acting for purposes outside its professional activity, referred to as "non-professional" by the French Consumer Code, is also excluded from the Le CLUB program.
The Member declares that he/she has the legal capacity to enter into a contract in accordance with the applicable legislation and attests that he/she is a natural person of legal age who meets the legal definition of a consumer as set out above.
3.2 - Registration conditions
Membership of the loyalty program is free and paperless. It is done via the customer account already in place or yet to be created.
The recording of points, enabling them to be accumulated, is therefore carried out automatically by means of identification of the Member customer for each purchase made.
Dematerialization is subject to the vagaries of computer technology and may therefore be subject to malfunctions. In such a case, CAVES CARRIÈRE cannot be held responsible.
However, in the event of such a problem, CAVES CARRIÈRE will accept any proof of purchase made within two months of the purchase in a boutique or on the Internet in order to regularize the points count and thus update any erroneous accumulation of points due to such a malfunction.
Subscribing to the CLUB loyalty program is as follows:
1. For new CAVES CARRIÈRE customers, when creating an account on the website (https://www.caves-carriere.fr/en/) or at CAVES CARRIÈRE's physical boutique located at 12 rue de Skopje 21000 Dijon, he/she will be able to identify himself/herself as an individual.
Once this has been done, he or she will be invited to join the Le CLUB loyalty program, and will be able to tick the corresponding box provided (this is done by the employee in the store when an account is created in the CAVES CARRIÈRE physical store).
As soon as he/she ticks this box, the present General Terms and Conditions of Membership will be offered to him/her for reading so that he/she can familiarize himself/herself with them and consent to them.
2. For customers who already have a customer account with CAVES CARRIÈRE when the CLUB loyalty program is set up, a notification will appear on the website (https://www.caves-carriere.fr/en/) in order to offer him/her the opportunity to subscribe to the Le CLUB loyalty program.
Should the customer visit CAVES CARRIÈRE's physical point of sale, he/she will be informed by any means of the existence of the loyalty program and will be able to join it.
As for the new customer, once the customer has expressed his intention to subscribe to the Le CLUB program, he will be asked to consult these terms and conditions in order to give his consent.
3.3 - Conditions for acquiring points (determining purchases)
The accumulation of points provided by the loyalty program will be possible only for purchases made on the site (https://www.caves-carriere.fr/en/) and in CAVES CARRIÈRE's physical boutique at 12 rue de Skopje 21000 Dijon.
On the other hand, purchases made on "Market place" type platforms will not earn points.
Points will be calculated on the basis of the price of the order including VAT but excluding shipping costs.
Each euro spent equals one point.As soon as the shopping basket shows a decimal price including VAT, rounding up to the nearest euro will be provided to facilitate the calculation of points.
For example, if you place an order for a total of €38.20, you will earn 39 points.
Points will be accumulated over the calendar year from 1 January to 31 DecembererJanuary to December 31, regardless of the date of membership. In other words, a membership date during the calendar year will not shift the date on which points are calculated.
For example, you join Le CLUB on April 10. Points will be calculated for the period from April 10 to December 31 N. From the 1sterJanuary N+1 you will be, according to the points accumulated during the year, considered as belonging to one of the CLUBS proposed by CAVES CARRIÈRE.
Finally, in order to accumulate a maximum number of points for each order placed, the Member must identify himself/herself on the website or give his/her login details at the checkout in order for the points to be allocated to him/her.
In the event of reimbursement of an order for which points have been accumulated, the points accumulated at the time of purchase will be deducted from the Member's loyalty account.
Article 4 - Status
Membership of Le CLUB is valid for an indefinite period.
Eligibility for one of the CLUBS offered by the loyalty program will be assessed according to the total points accumulated by the Member during the previous calendar year, and will be recalculated each year.
Thus, the status of a Member of a particular CLUB (cf. article 1.2.) will not be acquired for an indefinite period but will vary from year to year depending on the number of purchases made during the year.
For example, if your purchases in year N total €6,500 incl. VAT, you will earn 6,500 points. The sum total of these points entitles you to join the PREMIER CRU CLUB from the 1sterJanuary N+1. You will therefore benefit from the advantages of this CLUB of 1erJanuary N+1 to December 31 N+1.
In year N+1, you make a purchase for a total amount of €5,000, including VAT, so you accumulate 5,000 points. The sum total of these points gives you access to the CLUB VILLAGE of 1erJanuary N+2 to December 31 N+2.
More precisely, the variation according to the customer's N-1 purchases will determine the move from one CLUB to another.
The granting of a Member's status to one of the CLUBS will take effect automatically at the end of the calendar year, without the Member having to carry out any action whatsoever.
Each year, CAVES CARRIÈRE will notify Members of the information relating to their membership of a particular CLUB in terms of points accumulated.
Benefits are granted only after the first year of membership.
Article 5 - Benefits
The advantages of belonging to a CLUB to which the Member is assimilated are determined on the CAVES CARRIÈRE websitehttps://www.caves-carriere.fr/en/content/15-conditions-generales-club
CAVES CARRIÈRE may change the benefits at any time. Members are informed by any means. Members present on the day of the modification do not lose the benefits acquired on the day of notification.
The benefits communicated are guaranteed for the duration of the status's validity, from the time the status is obtained until it is updated in year N+1.
For example, if the number of points required to join a CLUB varies, this variation will only apply to existing Members in the next points acquisition year.
The CLUB loyalty program gives each Member access to one-off or recurring benefits.
5.1 - Advantages for all statuses (Regional, Village, Premier Cru and Grand Cru)
-Cagnottage
This benefit is provided for all CLUB statuses and differs depending on the status:
- Regional : the kitty is made up of a total of 5% of the price of each order, including VAT and excluding shipping costs
- Village : the kitty is made up of a total of 7% of the price of each order, including VAT and excluding shipping costs
- Premier Cru : the kitty is made up of a total of 9% of the price (including VAT) of each order placed, excluding shipping costs
- Grand Cru : the kitty is made up of a total of 10% of the price of each order, including VAT and excluding shipping costs
This kitty can be used without delay from the order following the one that created it.
The kitty can only be used for purchases on the site:https://www.caves-carriere.fr/en/
The amount collected does not constitute a credit and cannot be reimbursed. It is a commercial gesture to be used on future purchases. To view the amount accumulated in the kitty, customers can log in to their customer account and view it in the "My rewards" section. The kitty can be used on the payment page of the order process. The customer must retrieve a personal and confidential code from their account in the "My Rewards" section My rewards". He/she can then use the kitty as a means of payment by entering the code previously consulted. The kitty can only be used once. The amount of the order for which the Customer wishes to use his kitty must therefore be greater than this kitty.
Credits accumulated in the kitty have a maximum duration of 1 year from the first purchase that generated the first benefit. Past[NH1] this one-year period From the first purchase, if the customer has not used up his/her kitty, any unused benefits will be permanently lost. In the event of return or cancellation with refund, the amount of the kitty accumulated during the cancelled or returned order will be withdrawn. In the event of return or cancellation with refund, the amount of the kitty used will be refunded to the customer's loyalty account.
The kitty can only be used by its holder. The loyalty kitty is strictly personal. The loyalty kitty cannot be combined with other customer accounts. Any fraud or attempted fraud will be punished by the non-delivery of the customer's orders. Fraud, if proven, will allow CAVES CARRIÈRE to prohibit the identified author from buying again on the site caves-carriere.fr. The kitty may be withdrawn at any time in the event of fraud or any misuse or non-compliance with the provisions of these terms and conditions. The holder of the kitty then loses any right to use previously acquired loyalty credits, and the euros acquired will not be returned. In the event of dispute concerning the amount of euros acquired or the new accumulation, any claim must be made to the sitehttps://www.caves-carriere.fr/en/.
-A wine steward or a CAVES CARRIÈRE foam stopper
CAVES CARRIÈRE thanks members of its loyalty program by offering a sommelier or a stop-mousse stopper with the CAVES CARRIÈRE logo, the gift being freely determined by CAVES CARRIÈRE. CAVES CARRIÈRE reserves the right to modify this list of gifts.
The gift is offered with the first order following Club membership.
-Sponsorship
Customers can recommend CAVES CARRIÈRE to one or more friends, in return for which they will receive discount vouchers.
This recommendation must be implementedbeforeThe Godson's first order.
Each sponsorship carried out by a Member results in the granting of a benefit for the Sponsoring Member and the Sponsored Member.
1. Conditions of eligibility for the sponsorship offer
A. The Godfather
Customers of CAVES CARRIÈRE who have already ordered at least once from the site are eligible to become a Sponsorhttps://www.caves-carriere.fr/en/And is a member of the loyalty program.
It is understood that the Sponsor may not self-sponsor or sponsor a person attached to his or her tax household.
B. Le Filleul
Only people who have never placed an order on the site can be sponsored and thus become godchildrenhttps://www.caves-carriere.fr/en/Who are not customers of CAVES CARRIÈRE.
Only one person per tax household can be a godchild.
2. How to participate in the sponsorship offer
A. The Godfather
On the page provided for this purpose, in the "Sponsor my friends" area, the Sponsor is invited to fill in his contact details and then enter the e-mail address of his Recommendee in order to send him a sponsorship invitation.
The Sponsor guarantees that his/her friend does not object to his/her personal data being transmitted to CAVES CARRIÈRE.
The Sponsor is not obliged to fill in these details and use this space. He can also communicate his e-mail address to his Godchild, who will indicate it when registering.
The Sponsor benefits from the sponsorship offer from the first order of his/her Recommendee. The Referrer will then be informed by email that he/she has received his/her reward. Should the Referred Friend cancel his/her order, the Referrer will lose the benefit of the referral offer.
The Sponsor may sponsor as many Godchildren as he or she wishes.
B. Le Filleul
The participation of the Godchild in the sponsorship offer can be taken into account in two ways:
-Either the Godson uses the code of his Godfather when the latter has filled in the form and sent him an e-mail.
-Either the Godson provides the e-mail address of his Godfather at the time of registration.
In all cases, it is imperative that a link be established between Sponsor and Recommendee to activate the sponsorship offer on both sides. If this is not the case, and even if the Recommendee orders from the CAVES CARRIÈRE site, neither the Sponsor nor the Recommendee will be entitled to any benefits.
3. Content and terms of use of the sponsorship offer
A. Content and terms of use for the Sponsor
The Sponsor is entitled to a discount voucher for an amount depending on his status only in the event that his Recommendee places an order on the sitehttps://www.caves-carriere.fr/en/By entering the identity of the Sponsor.
The discount voucher is generated on the date of the sponsoree's first order on the sitehttps://www.caves-carriere.fr/en/.
This discount voucher, which cannot be split, can be used on future orders placed by the Sponsor. It is understood that the Sponsor may accumulate several discount vouchers for the same order.
The amount of the loyalty cheque depends on the status of the Sponsor:
-Regional: €5 discount voucher
-Village: €10 discount voucher
-Premier Cru: €20 discount voucher
-Grand Cru: €30 discount voucher
As this cheque is personal, it cannot be transferred to a third party.
It is neither exchangeable nor refundable, nor can it be replaced by its cash equivalent.
The discount voucher is valid for a period of twelve months from the date of issue (date of first order) and will expire at the end of this period with no possibility of reactivation.
B. Content and terms of use for the Sponsor
The discount voucher is generated as soon as the customer participates in the referral offer. He will receive a code by e-mail.
The Godson benefits from an evolving discount according to the status of his sponsor.
-Regional status sponsor: €5 discount voucher
-Village status sponsor: €10 discount voucher
-Premier Cru sponsor: €20 discount voucher
-Sponsor with Grand Cru status: €30 discount voucher
As the Recommendee can only be sponsored by one Sponsor, he/she can only benefit from one discount.
They can use their discount voucher by inserting the code received by e-mail in the field provided for this purpose when placing a future order.
The discount is valid for one year from the date of issue and will expire at the end of this period.
The discount is personal and cannot be transferred to a third party. Under no circumstances may the Godchild request that the discount be replaced by its cash equivalent.
5.3 - Advantages for Village, Premier Cru and Grand Cru status
-Building your cellar
Our cavistes can create a personalized suggestion to help you build your cellar. They will adapt to your tastes and budget. This suggestion is created from our stocks and in no way commits CAVES CARRIÈRE to reserve these wines for the customer concerned. CAVES CARRIÈRE reserves the right to limit the creation of the cellar to 100 bottles and/or 2 hours of advice by one of our wine specialists per year. CAVES CARRIÈRE reserves the right to limit the number of bottles to be cellared and/or the number of hours of advice to be provided by one of our cellarers per year.
-Box caviste
CAVES CARRIÈRE offers a monthly or annual subscription delivered in the form of a box. This advantage requires payment by the customer before shipment. Interested customers can receive a personalized box with a fixed budget. This box is created from our stocks. CAVES CARRIÈRE reserves the right to limit the box to 12 bottles per month. The date of dispatch of the box will be agreed with the customer. The customer cannot refuse part of the box. The right of withdrawal applies to the entire box.
5.4 - Advantages of Premier Cru and Grand Cru status
-Events
Loyalty Program members eligible to participate in CAVES CARRIÈRE events include all Premier Cru and Grand Cru status members.
CAVES CARRIÈRE does not undertake to send invitations to all events. This benefit includes an invitation, but does not provide members with an admission ticket. All guests are required to pay the entrance fee for each event. This benefit is specific and personal to the CLUB status holder, who must be present at the event.
The invitation does not constitute a reservation for the event. All customers, regardless of status, must complete the registration form, subject to availability.
-Wine storage
CAVES CARRIÈRE offers to store the wines of certain customers. It does not undertake to be able to keep all the wines of each customer, the limit of conservation of wines is limited to 60 bottles of 0.75cl (or bottle equivalent) per customer. This benefit is subject to storage capacity limits. Storage time may not exceed 3 months following each order. Wines must be collected/shipped in their entirety per order and at once.
The customer cannot make partial withdrawals / shipments.
The conditions under which wines are kept in CAVES CARRIÈRE storage facilities constitute optimal conditions for the preservation of wines. CAVES CARRIÈRE cannot be held responsible for any alteration to the wine.
-Space privatization
CAVES CARRIÈRE offers preferential prices for the privatization of its spaces to Members. It makes no commitment to prioritize rentals for these customers. This advantage is subject to space availability.
Privatization is reserved for events attended by the Member. The Member may not allow a third party to benefit from this advantage.
Room reservations must be made with CAVES CARRIÈRE and are only effective on receipt of payment.
-Dedicated wine merchant
CAVES CARRIÈRE wants to offer its customers a personalized experience. To achieve this, members will be assigned a dedicated cellarman. He/she will be their main point of contact and private advisor. CAVES CARRIÈRE does not undertake that this cellarman will be the customer's sole point of contact. Our wine merchants can only be contacted at the following times (Paris time):
-Tuesday - Friday: 10 a.m. - 12:30 p.m. / 1:30 p.m. - 7:00 p.m
-Saturday: 10 a.m. - 6 p.m
CAVES CARRIÈRE does not guarantee the availability of wine merchants during the above-mentioned opening hours. Our cellarmen will be available according to the needs of the boutique.
5.5 - Advantages of Grand Cru status
-Preview of benefits
CAVES CARRIÈRE creates special offers for members of this CLUB on winegrower allocations. CAVES CARRIÈRE does not undertake to make offers on all allocations and reserves the right to choose the number of offers proposed, their nature and the number of bottles available. Our offers are valid while quantities last. An offer does not constitute a reservation for a customer. Reservation of wines by a member is valid on receipt of payment.
Article 6 - Force majeure
CAVES CARRIÈRE may not be held liable if the non-performance or delay in the performance of any benefit promised to the Member by reason of his or her status as described herein results from a case of force majeure, within the meaning of article 1218 of the French Civil Code.
For the purposes of these terms and conditions, force majeure is defined as an event beyond the debtor's control, which could not reasonably have been foreseen at the time of conclusion of the contract and the effects of which cannot be avoided by appropriate measures, and which prevents the debtor from fulfilling its obligation.
If CAVES CARRIÈRE becomes aware of such an event, it must immediately inform Members of its inability to provide any of the benefits promised by the CLUB program and justify this to them.
The occurrence of such an event will initially result in the suspension of CAVES CARRIÈRE's obligations without, however, interrupting the accumulation of points, which will continue to be accrued as soon as the Member makes a purchase.
The suspension of these obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages.
The performance of CAVES CARRIÈRE's obligations is suspended until the cessation of the event in question, for a period not exceeding 3 months, at the end of which membership of the Le CLUB program may be terminated by either party in accordance with the terms and conditions set out in the following article.
Article 7 - Termination of the loyalty program
Members of the Le CLUB program may cancel their membership at any time, free of charge, by writing to the following e-mail address communication@caves-carriere.fr or by sending a letter to the postal address 12 rue de Skopje 21000 Dijon or via their customer area. The Member may cancel his or her membership of the Le CLUB program while maintaining his or her customer account with CAVES CARRIÈRE.
CAVES CARRIÈRE, organizer of the Le CLUB program, also has the right to terminate a Member's membership in the event that the Member has violated the present terms and conditions, and in particular if the Member is guilty of fraud or attempted fraud with the aim of unduly increasing his or her benefits. In such a case, CAVES CARRIÈRE reserves the right to take legal action against the fraudster and to seek full compensation for the loss suffered.
Le CLUB program entails for the Member :
-Loss of accumulated points,
-The loss of his kitty,
-The loss of other unused accumulated benefits.
Article 8 - Personal data
CAVES CARRIÈRE collects personal data from Members as part of the Le CLUB loyalty program. To this end, when registering for the Le CLUB program, Members undertake to provide accurate information and to keep it up to date.
If this is not the case, the Member will be solely responsible for this omission and may not hold CAVE CARRIÈRE liable on the grounds that he/she was unable to access various advantages (for example, an incorrect address could prevent the Member from being informed of a privileged event to which he/she would have liked to attend).
The personal data collected by CAVES CARRIÈRE will be limited to that which is exclusively necessary to ensure the identification, processing and management of the holder's membership and commercial relations with CAVES CARRIÈRE.
Personal data may be defined as information relating to the Member as a natural person and enabling him or her to be identified by name, such as surname, first name, e-mail address, postal address, cell phone number (day and month of birth).
The collection and storage of this data is carried out in accordance with the legal and regulatory provisions relating to personal data in force, and in particular the French Data Protection Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation.
CAVES CARRIÈRE reserves the right to use this data for advertising and marketing purposes, and to send out newsletters, provided that the Member has consented to this and can withdraw his consent at any time or unsubscribe from the newsletter or canvassing.
For Members who are already CAVES CARRIÈRE customers, the preferences relating to any prospecting or newsletter follow-up selected when the account was created will be kept as part of the Le CLUB loyalty program. However, for marketing operations dedicated to this program, the Member customer will again have to consent or refuse them.
All personal data collected by CAVES CARRIÈRE as part of the Le CLUB program will be kept for the duration of the membership.
CAVES CARRIÈRE will keep the personal data transmitted as part of this program for a period of two years from the termination of membership.
All Members have the right to access, rectify, oppose and port the data they have provided.
Members wishing to exercise the aforementioned rights may contact the CAVES CARRIÈRE data controller at the following e-mail address communication@caves-carriere.fr or at the following postal address 12 rue de Skopje 21000 Dijon.
CAVES CARRIÈRE's personal data protection policy is available on the website at the following address:https://www.caves-carriere.fr/en/content/6-protection-des-donnees
Article 9 - Indivisibility
Should any clause of these General Terms and Conditions of Membership be deemed unwritten or annulled by a legal provision or by a court decision, the other provisions shall remain in force, provided that the general scheme of the contract is preserved.
Article 10 - Disputes
These general terms and conditions of membership are applicable to any dispute between the Member and the organizer of the Le CLUB program, CAVES CARRIÈRE, and are governed solely by French law.
Article 11 - Mediation
In the event of a dispute relating to the Le CLUB loyalty program, the party wishing to invoke the program undertakes to notify the other party of this intention by registered letter within 15 days of the dispute arising.
From the date of this notification, the parties undertake to resolve the dispute in good faith in order to reach an amicable settlement within 30 days.
In the absence of an amicable solution, mediation may be envisaged by referring the matter to the Consumer Mediator in accordance with Articles L. 612-1 et seq. of the French Consumer Code:
Sas Médiation Solution
222, chemin de la Bergerie 01800 Saint Jean de Niost
Tel. 04 82 53 93 06
Website: https://www.sasmediationsolution-conso.fr
It will not be possible to bring an action before a competent court on the merits during the mediation procedure.
If the mediation procedure fails, and only after it has been completed, the parties may refer their dispute to the competent French courts.
Members of the CLUB program offered by CAVES CARRIÈRE acknowledge that they have read these General Terms and Conditions of Membership and agree to them without reservation.