Terms of sale

Article 1. Scope of Application

1.1. These General Terms and Conditions of Sale (hereinafter “GTC”) are intended to define the conditions under which the company BARNES Fine Wines SAS, with a capital of €50,000, registered with the Paris Trade and Companies Register under number 990 369 761 R.C.S, with its registered office located at 81 Avenue Kleber 75016 Paris, (hereinafter the “Seller”), provides to consumers (any natural person acting for non-professional purposes) and/or non-professionals (legal persons not acting for professional purposes) (hereinafter collectively the “Client”) the products offered for sale (hereinafter the “Products”): bottles of wine, champagne, spirits, and related accessories, sold in-store and/or online via the Seller’s website accessible at: https://cellar.barnes-finewines.com/
They specify in particular the conditions of offer, immediate purchase, order placement, payment, delivery of the Products, as well as, where applicable, related services.

1.2. These GTC apply to the exclusion of all other conditions. They are communicated to the Client prior to immediate purchase or order placement and shall prevail over any other contradictory document.

1.3. The Client is required to read the GTC before placing any order.

1.4. The choice and purchase of Products are the sole responsibility of the Client. The order constitutes unconditional acceptance of the GTC. In the case of online orders, acceptance is made via a checkbox before validation, as well as, where applicable, acceptance of the general terms of use of the website https://www.barnes-finewines.com/

Article 2. Main Characteristics of the Products

The essential characteristics of the Products (specifications, illustrations, dimensions/capacities, vintages, etc.) appear on the product pages and/or Seller’s catalogs. Photographs and graphics are non-contractual. The Client must refer to the description of each Product to understand its essential properties and specificities.

Article 3. Seller’s Contact Information

BARNES Fine Wines SAS – 81 Avenue Kleber 75016 Paris
Tel.: 0621338149 – Email: finewines@barnes-international.com – 990 369 761 R.C.S Paris – EU VAT FR71990369761

Article 4. Sale of Alcohol Restricted to Adults

In accordance with regulations (Ordinance No. 59-107 of January 7, 1959 and Law No. 74-631 of July 5, 1974), the sale of alcoholic beverages is prohibited to minors. The Client declares, at the time of any order, to be at least 18 years old and legally capable to contract. Identity verification may be carried out upon delivery.

Article 5. Offers, Immediate Purchase, Order and Confirmation

5.1. Products are offered subject to available stock and/or subject to availability from partner estates, via https://www.barnes-finewines.com/ and/or in-store.
5.2. Orders may be placed online by completing the form provided for this purpose.
5.3. The Client can check the details of their order, the total price, correct any errors, and validate their acceptance. This validation constitutes acceptance of the price and the GTC and serves as proof of the contract (data recorded by the Seller shall prevail, unless proven otherwise).
The sale is only final after confirmation by email from the Seller within a maximum of seven (7) business days. Silence from the Seller beyond this period shall be deemed acceptance. The Seller may refuse/cancel any order from a Client with whom there is a previous payment dispute or if it is impossible to execute the order (fraud, unavailability, legal or logistical constraints). As long as the order is not confirmed, the Client may withdraw.

Article 6. Prices

6.1. Products are invoiced at the prices in effect on the day of immediate purchase or order registration, as published on https://cellar.barnes-finewines.com/ Prices are expressed in euros including VAT. The Seller may modify its prices at any time (excluding already confirmed orders).
6.2. Displayed prices do not include shipping costs, which are indicated separately to the Client prior to validation.
6.3. Delivery costs are calculated according to destination, volume/weight, and the chosen logistics option; applicable rates can be viewed on the website at the time of order.
6.4. An invoice is provided to the Client upon collection or delivery.

Article 7. Payment

7.1. The price is payable in full at the time of immediate purchase or order, by any legal means offered: bank card (Visa, MasterCard, etc.), bank transfer, online payment solution (e.g., PayPal), etc.
7.2. Payment is only considered final upon actual receipt by the Seller.
7.3. Any late payment automatically incurs penalties at the ECB refinancing rate (most recent) plus 10 points, without prior notice, and may justify suspension or cancellation of current orders.

Article 8. Deliveries

8.1. Served territories. Products are delivered to countries listed in the drop-down menu of the order process. For any other territory, the Client is invited to contact the Seller for a personalized quote (taxes, customs, excises, local constraints).
8.2. Address & delivery notice. Products are delivered to the address provided by the Client. In case of incorrect details/unavailability, the Seller cannot be held responsible for delays/impossibilities of delivery or failures to receive email/SMS notifications from the carrier.
8.3. Handover & absence. The package is delivered against signature, to the Client or adult recipient. In case of absence, a delivery notice is left or an email/SMS is sent to reschedule. Failing collection/rescheduling within the carrier’s deadlines, the package is returned to the Seller: refund of the Product price minus shipping costs (round-trip) and packaging, unless re-shipment is requested at the Client’s expense.
8.4. Reservations. In case of damage/missing items, the Client (or recipient) must:
(i) immediately make precise reservations or refuse delivery with the carrier;
(ii) inform the Seller within three (3) business days from delivery (contact details in art. 3).
8.5. Packages & packaging. Unless otherwise specified, the order is delivered in a single shipment. Packaging is chosen by the Seller. Any specific request (gift wrapping, technical packaging…) accepted in writing will incur an additional charge (prior quote).
8.6. Carrier appointed by the Client. If the Client appoints their own carrier, delivery is deemed completed upon handover to the carrier chosen by the Client; Products then travel at the Client’s risk.

Article 9. Transfer of Ownership

Ownership of the Products is transferred to the Client after full payment of the price, regardless of the delivery date.

Article 10. Transfer of Risk

Unless the carrier is chosen by the Client (art. 8.6), risk transfer (loss/damage) occurs when the Client physically takes possession of the Products.

Article 11. Legal Guarantees – Specificities of Wines & Spirits

11.1. Products comply with French regulations.
11.2. The Seller is liable for non-conformity defects (C. conso. L.217-4 et seq.) and hidden defects (C. civ. 1641 et seq.).
11.3. To activate a guarantee, the Client must notify in writing (email/mail art. 3) the non-conformity or hidden defect upon discovery and return the Products in the received condition (accessories, packaging, manual…). If the package arrives damaged/opened or bottles are broken, refuse the package. After three (3) business days, in the absence of regular reservations, Products are deemed compliant.
11.4. Compliance. Action period: 2 years from delivery; choice between repair/replacement when possible (L.217-9); presumption of defect prior for 24 months (excluding second-hand goods). If replacement is not possible, refund as soon as possible (shipping costs reimbursed based on invoice; return costs reimbursed on proof). Hidden defects. Choice between contract termination or price reduction (C. civ. 1644). Refund/costs based on proof.
11.5. Specificity of wines & spirits. The Seller ensures appropriate storage. However, the following are neither covered by compliance nor hidden defects: organoleptic alterations related to the cork, prior conditions beyond the Seller’s control (vibrations, oxidation, reduction, deposits, natural evolution, etc.) or improper storage at the Client’s premises. The Client must store Products in a temperate place, away from light, sudden temperature changes, excessive humidity, and odors.
11.6. The Seller cannot be held responsible for stock shortages, temporary unavailability, or force majeure.

Article 12. Right of Withdrawal (Distance Sales)

12.1. The Client has a period of 14 days from receipt to exercise the right of withdrawal, without reason or penalty, provided the Product is returned intact and unopened in its original packaging, within 14 days following notification of withdrawal.
12.2. Withdrawal can be exercised online via the available form or by any clear statement sent to the Seller within the period.
12.3. In case of withdrawal, the price of the Product(s) and initial delivery costs are refunded; return costs remain the Client’s responsibility.
12.4. Refund is made within 14 days of the Seller receiving the returned Products in compliant condition.

Article 13. Personal Data

The Seller processes the Client’s personal data for order execution, invoicing, and, if applicable, sending commercial information with consent. The Client has the rights to information, access, correction, deletion, limitation, portability, and objection. Details are in the Seller’s Privacy Policy available at https://www.barnes-finewines.com/ Data Controller: BARNES Fine Wines 81 Avenue Kleber 75016 Paris

Article 14. Intellectual Property

14.1. The Seller retains full ownership of intellectual property rights on all content and media (photographs, texts, presentations, studies, drawings, models, prototypes, etc.) created for the provision of Products.
14.2. Any reproduction/use without prior written authorization from the Seller is prohibited and may be subject to financial compensation.

Article 15. Unforeseeable Circumstances (art. 1195 C. civ.)

In the event of unforeseeable circumstances making performance excessively onerous for a Party that did not agree to assume the risk, that Party may request renegotiation. If the impediment is permanent or lasts more than 30 days, the contract may be terminated according to Article 19.

Article 16. Specific Performance

By derogation from Article 1221 C. civ., in case of breach, the injured Party cannot demand specific performance but may request termination pursuant to Article 19.

Article 17. Exception of Non-performance (art. 1219 & 1220 C. civ.)

Each Party may refuse to perform its obligation if the other Party does not perform theirs and if such non-performance is sufficiently serious. Suspension takes effect upon receipt of notification of the breach. It may also be preventive if it is clear that a Party will not perform by the due date of essential obligations.

Article 18. Force Majeure

18.1. No Party is liable in case of a force majeure event (strikes, disasters, natural catastrophes, blockages, etc.). The prevented Party informs the other Party without delay.
18.2. Performance is suspended during the period of impediment. If it exceeds 30 days, the Parties may terminate the contract under Article 19.
18.3. Costs incurred due to the situation are shared equally, unless otherwise agreed.

Article 19. Termination

19.1. Unforeseeable circumstances: termination possible ten (10) days after ineffective formal notice.
19.2. Force majeure: automatic termination without formalities if force majeure persists beyond 30 days.
19.3. Breach: in case of serious non-performance, termination due to breach possible 10 days after ineffective formal notice (art. 1224 C. civ.).

Article 20. Applicable Law – Language

The GTC and resulting operations are governed by French law. The GTC are written in French; in case of translation, only the French version prevails.

Article 21. Disputes – Mediation

Any dispute regarding validity, interpretation, performance, or termination of the GTC that cannot be resolved amicably shall be submitted to the competent courts under common law.
The Client is informed of the possibility to use a mediation scheme or any alternative dispute resolution (conciliation…). The Client may also use the European Online Dispute Resolution platform.

Article 22. Pre-contractual Information – Client Acceptance

The Client acknowledges having received, prior to ordering and in a clear and understandable manner, the following information: essential characteristics of the Products; price and additional costs (including delivery); delivery time; Seller’s identity and contact information; legal guarantees and how to exercise them; functionalities and interoperability where applicable; possibility of mediation. Placing an order constitutes full and unconditional acceptance of the GTC.

Article 23. Partial Invalidity

The possible invalidity of a clause does not affect the validity of other provisions, which continue to produce their effects.

Article 24. Non-waiver

The fact that a Party does not invoke a right or clause of the GTC shall not constitute a waiver to invoke it later.

Article 25. Client Acceptance

Any order implies adhesion and acceptance of the GTC and obligation to pay for the ordered Products. The Client acknowledges full knowledge and waives reliance on any contradictory document.

Article 26. Amendments to the GTC

The Seller reserves the right to amend the GTC at any time. The applicable version is the one in effect on the order date.

Additional Alcohol Mentions to Display on the Site

“The sale of alcohol is prohibited to persons under 18 years of age.”

“Excessive alcohol consumption is dangerous for your health. Consume in moderation.”

Age filter upon site entry and identity verification possible upon delivery.