Identification of the Seller (legal notice)
The online sales website accessible at www.notonlywine.lu (the “Site”) is published and operated by:
Name: Not Only Wine S.à r.l., a private limited liability company governed by Luxembourg law
Registered office: 24, Rue Jacques Santer, L-6139 Junglinster, Grand Duchy of Luxembourg
Trade and companies register: RCS Luxembourg B 221858
VAT identification number: LU 30029408
Excise number: LUC0007470202 (Customs and Excise Administration)
Business permit: no. 10087920/0, issued on 11 February 2018 by the Ministry of the Economy (Directorate-General for Small and Medium-Sized Enterprises)
Contact: info@notonlywine.lu – Tel.: (+352) 691 262 210
Hosting of the Site: infrastructure located within the European Economic Area; the identity of the provider will be disclosed on simple request sent to info@notonlywine.lu
Payment service provider: Stripe Payments Europe, Limited, One Wilton Park, Wilton Place, Dublin 2, D02 FX04, Ireland (registered with the Irish companies register under no. 513174)
(hereinafter the “Seller” or “Not Only Wine”)
Article 1 – Definitions
In these general terms and conditions of sale (the “GTC”), the following terms have the meanings set out below:
“Customer”: any natural person of full age and legal capacity who places an Order on the Site;
“Consumer”: any natural person acting for purposes outside their commercial, industrial, craft or professional activity, within the meaning of the Luxembourg Consumer Code;
“Products”: the wines, alcoholic beverages and gourmet or fine grocery products offered for sale on the Site;
“Order”: any order for Products placed by the Customer on the Site;
“Business day”: any day other than a Saturday, a Sunday or a statutory public holiday in the Grand Duchy of Luxembourg.
Article 2 – Purpose and scope
2.1. These GTC govern, without restriction or reservation, all sales of Products concluded at a distance between the Seller and the Customer through the Site. They comply in particular with the Luxembourg Consumer Code, the amended Law of 14 August 2000 on electronic commerce and the Luxembourg Civil Code.
2.2. Every Order entails the Customer’s prior, express and unreserved acceptance of the GTC, evidenced by a tick box during the ordering process. The GTC are made available to the Customer on the Site, where they may be consulted, downloaded and printed at any time.
2.3. The version of the GTC applicable to an Order is the version in force on the Site on the day the Order is validated. The Seller reserves the right to amend the GTC at any time for the future; amendments do not apply to Orders already concluded.
2.4. The Site is intended exclusively for Customers acting as Consumers, for their personal needs, to the exclusion of any purchase for resale. Professionals (restaurateurs, wine merchants, businesses) wishing to place an order are invited to contact the Seller directly; specific terms may be applied to them.
2.5. The GTC prevail over any other document, condition or communication, save for specific terms expressly accepted in writing by the Seller. The Site is operated by means of a technical platform supplied by a third-party provider and hosted within the European Economic Area; the sales contracts are nevertheless concluded exclusively between the Seller and the Customer.
Article 3 – Products
3.1. The Products offered for sale are the wines, alcoholic beverages and gourmet products presented on the Site, together with a description of their essential characteristics, subject to available stock.
3.2. Photographs, images and descriptions of the Products are provided for illustrative purposes and with the greatest care; they are nevertheless not contractually binding. Minor variations (bottle dressing, label, capsule, colour of the wine, presentation by the producer) may not give rise to the Seller’s liability or affect the validity of the sale, provided that the essential characteristics of the Product are respected.
3.3. Vintages: the vintages displayed are offered subject to availability from the producers. Where the vintage ordered is unavailable, the Seller will inform the Customer and offer, at the Customer’s choice: (i) the closest available vintage, (ii) a Product of equivalent quality and price, or (iii) cancellation and refund of the line concerned. No substitution is imposed on the Customer without their agreement.
3.4. Where a Product becomes unavailable after validation of the Order, the Customer is informed as soon as possible and refunded the corresponding sums no later than within fourteen (14) days, without further compensation.
3.5. The Seller stores the Products under appropriate storage conditions until they are handed over to the carrier or to the Customer. After delivery, the keeping of the Products (temperature, humidity, exposure to light, position of the bottles, cold chain for fresh products) is the sole responsibility of the Customer.
3.6. Information on ingredients, allergens and nutritional values appears on the labelling of the Products and, as far as possible, on the Site. It is for the Customer to check the compatibility of the Products with any diet, intolerance or allergy before consumption.
Article 4 – Age of majority, capacity and responsible alcohol sales
4.1. In accordance with the Luxembourg Law of 22 December 2006 prohibiting the sale of alcoholic beverages to minors under the age of sixteen, it is prohibited to sell alcoholic beverages to minors under 16 years of age.
4.2. The Seller applies a stricter policy: Orders for alcoholic beverages on the Site are reserved for persons who have reached the age of eighteen (18) and who have full legal capacity. By validating their Order, the Customer declares on their honour that they meet these conditions.
4.3. The Seller and the carrier reserve the right to verify the Customer’s age at any time, in particular by requiring the presentation of a valid identity document upon handover of the parcel. Handover will be refused if proof of the required age cannot be produced or if the recipient present is a minor.
4.4. In the event of a false declaration as to age, the Seller may cancel the Order. The price of the Products will be refunded; delivery and return costs incurred as a result of the false declaration may remain payable by the Customer.
4.5. Responsible consumption: alcohol abuse is dangerous for your health; consume in moderation. Alcohol consumption is not recommended for pregnant women. Do not drive after consuming alcohol.
Article 5 – Order
5.1. The ordering process comprises the following steps: (i) selection of the Products and addition to the basket; (ii) checking of the contents of the basket; (iii) identification of the Customer and entry of delivery and billing details; (iv) choice of delivery method; (v) choice of payment method; (vi) checking of the Order summary, with the possibility of identifying and correcting any input errors; (vii) acceptance of the GTC and final validation of the Order, which entails an obligation to pay.
5.2. After validation, the Customer receives by e-mail, on a durable medium, an Order confirmation setting out the essential elements: Products ordered, total price, delivery costs and arrangements, information on the right of withdrawal and a link to the applicable GTC.
5.3. The sales contract is definitively formed only upon dispatch by the Seller of the Order confirmation referred to in Article 5.2. Validation of the Order by the Customer constitutes an offer to purchase at the prices and on the terms applicable in accordance with Article 6.
5.4. The Seller reserves the right to refuse or cancel any Order on legitimate grounds, in particular: (i) a dispute or payment incident relating to a previous order; (ii) suspicion of fraud or misuse of the Site; (iii) abnormally high quantities in relation to the usual needs of a Consumer; (iv) a delivery address outside the Grand Duchy of Luxembourg; (v) failure to comply with Article 4 hereof; (vi) an obvious display error or price discrepancy within the meaning of Articles 6.3 and 6.5.
5.5. Orders and concluded contracts are archived by the Seller in accordance with the amended Law of 14 August 2000 on electronic commerce. The Customer may access the archived contracts concerning them on simple request to customer service.
5.6. The language offered for the conclusion of the contract is French.
Article 6 – Prices
6.1. The prices of the Products are stated in euros (EUR), inclusive of all Luxembourg taxes (VAT at the applicable rate and, where applicable, excise duties), excluding delivery costs. Any delivery costs are brought to the Customer’s attention before final validation of the Order and appear in the summary.
6.2. The price applicable to the Order is the price recorded in the Seller’s IT management system on the day the Order is validated. The prices displayed on the Site are derived from that system and are deemed to correspond to it. The Seller reserves the right to amend its prices at any time for the future, without effect on Orders already confirmed.
6.3. Precedence of the management system: in the event of a discrepancy between the price displayed on the Site (or on any other distribution medium, such as a catalogue, a newsletter, an advertisement, a price comparison website, a marketplace or a search engine) and the price recorded in the Seller’s IT management system, only the latter is authoritative between the parties, in particular where the discrepancy results from a display error, a synchronisation failure or delay, a technical anomaly, browser caching or the intervention of a third party.
6.4. Delivery is free of charge for any Order of an amount equal to or greater than one hundred and fifty (150) EUR including tax, on the terms displayed on the Site.
6.5. Obvious error and price discrepancy: notwithstanding any Order confirmation, where the displayed price is obviously erroneous or derisory (in particular as a result of a technical, typographical or data-import error), or where a discrepancy within the meaning of Article 6.3 is identified, the Seller shall inform the Customer as soon as possible and, in any event, before any dispatch. The Customer then has the choice between:
(a) confirming their Order at the price resulting from the Seller’s IT management system; or
(b) cancelling their Order at no cost or penalty, in which case all sums collected will be refunded within a maximum of fourteen (14) days from cancellation, using the same means of payment as that used for the Order.
In the absence of a reply from the Customer within seven (7) calendar days of that information, the Order is deemed cancelled and any sums collected are refunded in full. The Customer may under no circumstances require delivery at the erroneous price.
6.6. The Seller cannot be required to honour an Order at a price that is obviously derisory in relation to the actual value of the Product, such an error being recognisable by any reasonably attentive Customer. Conversely, a discrepancy of minor magnitude does not constitute an obvious error within the meaning of this Article.
Article 7 – Payment
7.1. Payment is made online, at the time of the Order, by credit or debit card (Visa, Mastercard), through the secure payment service provider Stripe (Stripe Payments Europe, Limited). The means of payment actually available are those displayed at the payment stage. Use of Stripe entails acceptance of that provider’s end-user terms, without this affecting the rights the Customer derives from these GTC as against the Seller.
7.2. The price is payable in full on the day of the Order. In the case of payment by bank transfer, the Order is processed only after the funds have actually been received; the Products are reserved subject to available stock.
7.3. Payment data (card number, expiry date, security code) is collected and processed directly by Stripe, in its capacity as payment service provider, in accordance with enhanced security standards (encryption, PCI-DSS certification). The Seller at no time has access to full bank card numbers and does not store them.
7.4. In the event of refusal, failure or revocation of payment, the Order is automatically cancelled or suspended, without the Seller incurring any liability.
7.5. As part of the fight against fraud, the Seller or its providers may carry out checks and request additional supporting documents from the Customer before dispatch. In the absence of a reply within a reasonable period, the Order may be cancelled and refunded.
7.6. Retention of title: the Products remain the exclusive property of the Seller until the price has been paid in full and effectively. This deferred transfer of ownership has no bearing on the transfer of risk, which occurs when the Customer, or a third party designated by them, takes physical possession of the Products.
Article 8 – Delivery – exclusively within Luxembourg
8.1. Delivery area: the Products are delivered exclusively to addresses located within the territory of the Grand Duchy of Luxembourg. Any Order with a delivery address outside Luxembourg will be refused or cancelled, and the sums paid refunded.
8.2. Delivery methods: delivery to the address indicated by the Customer by carrier (POST Luxembourg or any equivalent carrier), or collection in person, free of charge, at the Seller’s registered office (24, Rue Jacques Santer, L-6139 Junglinster), by appointment.
8.3. Timescales: the delivery times displayed on the Site are indicative, generally 2 to 5 Business days from confirmation of the Order (or from receipt of funds in the case of a bank transfer). In any event, delivery takes place no later than thirty (30) days after conclusion of the contract, unless otherwise agreed.
8.4. Delay: if the Products are not delivered by the date or on expiry of the period referred to in Article 8.3, the Customer shall require the Seller, in writing, to make the delivery within a reasonable additional period. Failing delivery within that new period, the Customer may terminate the contract; the Seller shall then refund all sums paid no later than fourteen (14) days following termination.
8.5. Handover of the parcel may be subject to a signature and to verification of the recipient’s age in accordance with Article 4.3.
8.6. If the recipient is absent, the carrier’s arrangements apply (delivery notice, further attempt, availability at a collection point). If the parcel is returned to the Seller following a failed delivery not attributable to the Seller or the carrier, a further attempt may be charged to the Customer at the delivery rate in force.
8.7. Receipt: the Customer is invited to check the apparent condition of the parcel and of the Products at the time of delivery and, in the event of damage, breakage or a missing item, to make reservations with the carrier and to inform the Seller as soon as possible, with photographs, in order to facilitate handling of the matter. The absence of reservations does not deprive the Customer of any of their rights, in particular under the legal warranties.
8.8. The risk of loss of or damage to the Products passes to the Customer when the Customer, or a third party designated by them other than the carrier proposed by the Seller, takes physical possession of the Products.
Article 9 – Right of withdrawal
9.1. In accordance with the Consumer Code, the Consumer Customer has a period of fourteen (14) calendar days to withdraw from the contract without having to give reasons. That period runs from the day on which the Customer, or a third party designated by them other than the carrier, takes physical possession of the last Product in the Order.
9.2. To exercise this right, the Customer shall notify the Seller of their decision to withdraw by means of an unambiguous statement, by e-mail to info@notonlywine.lu or by post to the Seller’s registered office. They may use, but are not required to use, the model form set out in Annex 1. The burden of proving the exercise of the right of withdrawal lies with the Customer.
9.3. Return of the Products: the Customer shall return the Products to the Seller, at the address of the Seller’s registered office (24, Rue Jacques Santer, L-6139 Junglinster), without undue delay and no later than fourteen (14) days after communicating their decision to withdraw. The direct costs of return are borne by the Customer. The Products must be returned complete, unopened and untouched, with their capsules, seals, corks and original packaging intact, in transport packaging suited to fragile goods.
9.4. Refund: the Seller shall refund to the Customer all sums paid, excluding delivery costs, without undue delay and no later than fourteen (14) days from receipt of the decision to withdraw. The Seller may withhold the refund until the Products have been recovered or until the Customer has supplied evidence of dispatch, whichever is the earlier. The refund is made using the same means of payment as that used for the Order, unless the Customer expressly agrees to another means.
9.5. The Customer is liable for any diminished value of the Products resulting from handling other than what is necessary to establish their nature and characteristics: opening a bottle, removing the capsule or seal, damage to the label, breakage due to unsuitable return packaging. The corresponding diminution in value may be deducted from the refund.
9.6. Exceptions: in accordance with the Consumer Code, the right of withdrawal may not be exercised in respect of:
(a) Products liable to deteriorate or expire rapidly (fresh products and perishable goods);
(b) sealed Products which are not suitable for return for health protection or hygiene reasons and which were unsealed by the Customer after delivery;
(c) alcoholic beverages the price of which was agreed at the time of conclusion of the contract, the delivery of which can take place only after thirty (30) days and the actual value of which depends on market fluctuations beyond the Seller’s control (“en primeur” sales);
(d) Products made to the Customer’s specifications or clearly personalised (engraving, bespoke gift boxes);
(e) Products which, after delivery, have been inseparably mixed with other items.
Where an exception applies to a Product, the Customer is informed of this before validating their Order.
Article 10 – Legal warranties
10.1. Legal warranty of conformity: the Seller is required to deliver Products that conform to the contract and is liable for any lack of conformity that becomes apparent within two (2) years of delivery, in accordance with Articles L. 212-1 et seq. of the Consumer Code. The Customer may obtain, free of charge, the bringing of the Product into conformity (replacement or, where possible, repair) or, on the conditions laid down by law, a price reduction or termination of the contract. A lack of conformity that becomes apparent during the statutory presumption period is presumed to have existed at the time of delivery, unless proved otherwise.
10.2. Warranty against latent defects: the Seller is also liable under the warranty against latent defects on the conditions set out in Articles 1641 et seq. of the Luxembourg Civil Code.
10.3. Application to wines: a wine displaying an established fault, such as cork taint, premature oxidation or refermentation, not attributable to storage conditions after delivery, constitutes in particular a lack of conformity. In order to allow verification, the Customer is invited to report the fault to customer service as soon as possible, to keep the bottle with its residual contents and its cork, and to provide photographs. Once the fault is confirmed, the Seller shall, at the Customer’s choice and on the conditions laid down by law, replace the Product or issue a refund.
10.4. The following do not constitute a lack of conformity: the normal evolution and ageing of the wine, the presence of deposits, sediment or tartrate crystals, natural variations between vintages or cuvées, subjective assessments of taste, and deterioration resulting from unsuitable storage by the Customer after delivery.
10.5. The legal warranties apply irrespective of any commercial guarantee that may be granted and may be neither excluded nor limited to the detriment of the Consumer.
Article 11 – Liability
11.1. The Seller is liable to the Consumer Customer on the conditions laid down by the general law and by the mandatory provisions of the Consumer Code.
11.2. The Seller may not, however, be held liable for non-performance or improper performance of the contract attributable to the Customer (in particular an error in the delivery address, failure to comply with storage conditions, a false declaration of age), to the unforeseeable and insurmountable act of a third party unconnected with the supply of the Products, or to an event of force majeure within the meaning of Article 12.
11.3. To the fullest extent permitted by law, the Seller is not liable for indirect damage, such as loss of profit, loss of opportunity or commercial loss. As regards Customers who are not Consumers, the Seller’s total liability is in any event limited to the amount of the Order concerned, inclusive of tax.
11.4. No provision of these GTC has the object or effect of excluding or limiting the Seller’s liability in the event of wilful misconduct or gross negligence, in the event of personal injury, or in any case where the law prohibits such exclusion or limitation. The rights the Consumer derives from mandatory statutory provisions, in particular the legal warranties, remain fully preserved.
11.5. The Customer is solely responsible for the use and consumption of the Products after delivery, in particular as regards alcohol consumption, allergens and storage conditions.
11.6. The Seller makes reasonable efforts to ensure the accessibility and proper functioning of the Site, without guaranteeing continuous availability or the absence of errors or anomalies. Access to the Site may be suspended for maintenance or in the event of an incident. Third-party sites accessible via hyperlinks are beyond the Seller’s control, and the Seller accepts no liability as to their content.
Article 12 – Force majeure
Neither party may be held liable for a failure to perform its obligations resulting from an event of force majeure, that is to say an external, unforeseeable and irresistible event, including, without this list being exhaustive: natural disasters, exceptional weather conditions affecting production, harvests or transport, fire, flood, epidemics and pandemics, war, acts of terrorism, industrial action and strikes (including at carriers and suppliers), shortages of materials or energy, failure of communication or payment networks, and decisions of public authorities.
The obligations affected are suspended for the duration of the event, the party concerned informing the other as soon as possible. If the event continues for more than sixty (60) days, either party may terminate the Order concerned as of right, without compensation on either side; the Seller shall then refund the sums paid in respect of the Products not delivered.
Article 13 – Intellectual property
The Site and all its elements (the “Not Only Wine” name and trade marks, logos, texts, product sheets, photographs, videos, graphic identity, structure, databases) are protected by intellectual property law and remain the exclusive property of the Seller or of its licensors. Access to the Site confers on the Customer only a private, non-exclusive right of use. Any reproduction, representation, extraction or exploitation, in whole or in part, without the Seller’s prior written authorisation is prohibited and liable to legal action. The trade marks, appellations and images of the producers and estates presented on the Site remain the property of their respective holders.
Article 14 – Personal data
The Seller processes Customers’ personal data in accordance with Regulation (EU) 2016/679 (GDPR) and the Luxembourg Law of 1 August 2018 on the organisation of the National Commission for Data Protection and the implementation of the GDPR. The arrangements for such processing (purposes, legal bases, retention periods, recipients, data subject rights) are set out in the Privacy Policy and the Cookie Policy, accessible at all times on the Site. For any question or to exercise their rights, the Customer may write to info@notonlywine.lu.
Article 15 – Evidence and archiving
Unless proved otherwise, the records and IT systems of the Seller and of its providers constitute evidence of the communications, Orders, confirmations and payments made between the parties. Orders and contractual documents are archived on a reliable and durable medium capable of being produced as evidence.
Article 16 – Customer service and complaints
For any question, information or complaint, the Seller’s customer service may be contacted: by e-mail at info@notonlywine.lu, by telephone on (+352) 691 262 210, or by post at the Seller’s registered office. The Seller endeavours to reply to any complaint within an indicative period of 5 Business days.
Article 17 – Consumer mediation
In the event of a dispute, the Customer is invited first to send a written complaint to the Seller’s customer service in order to seek an amicable solution. If the complaint is unsuccessful, the Consumer Customer may make free use of the competent mediation service:
Service national du Médiateur de la consommation – Ancien Hôtel de la Monnaie, 6, rue du Palais de Justice, L-1841 Luxembourg – Tel.: (+352) 46 13 11 – info@mediateurconsommation.lu – www.mediateurconsommation.lu
Mediation is a voluntary and confidential process; the parties remain free to accept it, to refuse it or to discontinue it, and the Customer retains in all cases the right to bring proceedings before the competent courts.
Article 18 – General provisions
18.1. If any provision of the GTC is declared void, unlawful or unenforceable, in whole or in part, the validity of the other provisions shall not be affected; the provision concerned shall be replaced by a valid provision of equivalent economic effect, to the extent permitted by law.
18.2. The fact that the Seller does not rely, at any given time, on a provision of the GTC does not constitute a waiver of the right to rely on it subsequently.
18.3. The Seller may assign or transfer the rights and obligations arising hereunder in the context of a reorganisation, a transfer of business or a similar transaction, without this reducing the Customer’s rights.
18.4. Article headings are given for convenience and have no autonomous contractual value.
18.5. The GTC are drawn up in the French language. In the event of translation, only the French version is authoritative.
Article 19 – Applicable law and competent courts
These GTC and the sales they govern are subject to Luxembourg law, without prejudice to the mandatory protective provisions from which the Consumer may benefit under the applicable rules.
Any dispute with a Consumer Customer shall fall within the jurisdiction of the competent Luxembourg courts in accordance with the statutory rules of jurisdiction. For any dispute with a Customer who is not a Consumer, exclusive jurisdiction is conferred on the courts of the judicial district of Luxembourg.
Annex 1 – Model withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of: Not Only Wine S.à r.l., 24, Rue Jacques Santer, L-6139 Junglinster, Grand Duchy of Luxembourg – e-mail: info@notonlywine.lu
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:
Ordered on (*) / received on (*): ………………………………
Order number: ………………………………
Name of consumer(s): ………………………………
Address of consumer(s): ………………………………
Signature of consumer(s) (only if this form is notified on paper): ………………
Date: ………………………………
(*) Delete as appropriate.
Alcohol abuse is dangerous for your health. Consume in moderation. The sale of alcoholic beverages to minors is prohibited.