Terms and conditions

Last update: May the 2nd of 2018

    Legal information:
    Denomination: Millésima Ltd
    Registered Office: Wilberforce House, Station Road, London NW4 4QE, England
    Reg. Number: 3570244 England
    VAT N°: 714532358 England
    Tel: 0033-557 808 808
    Fax: 0033-557 808 819
    Email: millesima@millesima.com
    CEO: Fabrice Bernard
    Capital: £100.000
    Legal status: LTD Company
    This website is hosted by Cycloid
    Acceptance of the General Terms and Conditions
    Unless specifically stipulated and with a written agreement between the parties, all orders are conditioned by the present general conditions and terms, prevailing over any other documents issued by the seller.
    Offers / Prices / Orders
    All our prices are valid according to availability, except for special offers, promotions and gifts. Prices are indicated in GBP, including VAT and excise duties (except for the En-Primeur wines where prices are indicated excluding VAT and excise duties). Our offers are exclusively available for private consumers, in no case for importers or distributors. Given the extremely rare or speculative nature of some of our products, the assumed average consumption of a private individual and our aim to satisfy each and every customer of ours, we reserve the right to apply restrictions on available quantities, or even to cancel an order which appears to be obviously abnormal.
    All orders are confirmed through the mailing of the invoice but the delivery of the order is subject to the full and entire payment of the stated price (after confirmation from our bank that the funds have been received into our account).
    Means and conditions of payment
    Payment of the goods is entirely due upon order, either by cheque, credit card (Visa, MasterCard, or American Express) or bank transfer to the following account at the:
    HSBC Bank PLC in London
    SORT CODE: 400231
    A/C: 91362585
    Code SWIFT / BIC: HBUKGB4106G
    IBAN: GB52 MIDL GB89HBUK40023191362585
    No payment may be postponed without our prior agreement. Please note we cannot be held responsible for any commission or banking charge applied by your issuing bank.
    Bottled wines available now
    An invoice indicating the prices in GBP and including VAT and excise duties will be issued by Millésima and mailed to the customer's invoicing address. Delivery to one address in mainland UK is free for orders looking at more than GBP 500.00. For orders looking at less than GBP 500, a charge of GBP 20.00 will be made for transport and insurance. For each additional address in mainland UK, prices are available on application.
    En-Primeur wines
    An order of En-Primeur wines must be paid by a deposit equivalent to the total value of the wines except VAT, excise duties and Delivery charges. Upon reception of the order and payment, a pro-forma invoice of the wines will be mailed to the customer's invoicing address. This pro-forma invoice and the proof of payment will guarantee the rightful ownership of the wines. Once the wines become available from the châteaux, that is to say more or less two years later (plus another year for some wines from Sauternes and Barsac) a final invoice will be mailed to the customer's invoicing address indicating:
    - The VAT applicable on the day of the final invoicing (presently at 20%).
    - the excise duties (presently at GBP 2.16 ex VAT per 0.75 l-bottle of still wine).
    Delivery to one address in mainland UK is free. On the other hand, if after a delay of two months after the issue of the final invoice for the En-primeur wines, the customer still hasn't settled the invoice, Millesima will rightfully invoice extra storage charges of the amount of GBP 10.00 per case and per month of delay. Please note there is no cancellation possible if the wine is purchased en-primeur. (See “Cancellations” here below).

    Deliveries
    All the goods are insured by our company during their transport and are carried at our own risk. The deliveries are made within a maximum delay of 3 to 4 weeks as from the date of reception of payment of the goods at our office in Bordeaux. However, if 7 days after this delay, exception made for cases of Force Majeure, the good has not yet been delivered, the customer can cancel the contract in writing by registered post with acknowledgement of receipt. The customer will then obtain a refund of his payment apart from all other compensation or damages, within the following 14 days at the most. This delay is indicated as exactly as possible but may vary according to the supplying and transport possibilities of Millesima, as well as the weather conditions. Upon reception of the wines, it is up to the addressee to check the state of the goods and to note any reserve concerning breakage, damage or missing goods on the delivery slip and to inform the delivery company and Millesima in writing by registered post with acknowledgement of receipt within 48 hours in order to preserve his rights. In case of stock shortage of the purchased good, it may be offered to the customer to exchange it, with his agreement, whether with another vintage or another equivalent wine. If not possible, we will refund him within 30 days.
    Payment delays
    All overdue amounts automatically entail the legitimate application without given notice of the payment of interests for delayed payment on the basis of 5% at least of the total value of the outstanding amount. In the event of a recovery through litigation, the settlement of an inclusive payment of 15% of the amount of the order, without loss of the interest for delayed payment and damage, will be required.
    Right of withdrawal
    You have the right to withdraw from this contract without giving any reason within a cooling-off period of fourteen days. This period shall expire fourteen days from the date on which you, or a third party other than the carrier and nominated by you, takes physical possession of the item. In addition, the Customer may, upon express written request, exercise his/her right of withdrawal as of conclusion of the contract. If a contract includes multiple items within a single order and where these items are delivered separately, the period shall expire fourteen days from the date on which you, or a third party other than the carrier and nominated by you, takes physical possession of the last item. To exercise your right of withdrawal, you must notify us of your decision to cancel this contract, taking care to specify this clearly in your correspondence (e.g. letter sent by post, fax or email) using the following contact details as appropriate: Millésima, 87 Quai de Paludate, 33050 Bordeaux, France; Fax: 0033-557 808 819; Email: conseil@millesima.com You may also use the withdrawal form template below, but are not required to do so. To comply with the cooling-off period, you must send notification of your decision to exercise the right of withdrawal before the cooling-off period expires.
    As an exception, these provisions shall not apply to orders of personalised goods or which are subject to a specific request by the Customer when placing the order (e.g. special formats, personalised packaging, etc.). Where items ordered are out of stock, Millésima may, with the customer's approval, offer another vintage or an equivalent wine, by way of replacement.

    Once the withdrawal transmitted, a further period of 14 days is given to the client to return unwanted products in for exchange or refund, without penalty, except the cost of the shipment back (looking at GBP 20.00 ex VAT per case plus an average of GBP 5.00 ex VAT per bottle recovered, price depending on the region) if you want us to arrange a collection from your address. Please use the original packaging for the return.

    The right to cancel does not apply to contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
    Millesima reserves the right to defer refund until all goods are delivered back to our cellars.
    Under the exception provided in the paragraph g of the article 16 of the European Directive 2011/83/UE, the right of withdrawal is excluded from sales contracts concerning en-primeur wines.

    Effects of withdrawal
    Should you withdraw from this contract, we will issue a refund for all payments received from you, including the cost of delivery (excluding additional fees arising from selecting a delivery method other than the least expensive method offered by us) without undue delay and, in any event, no later than fourteen days from the date on which we are notified of your decision to withdraw from this contract. We will issue a refund using the same payment method as that used by you for the initial transaction, except where you expressly agree to a different method; in any event, refunds shall not incur any additional charges. We may delay the refund until we have received the item or until you have provided proof of postage/dispatch, with the applicable date being that of whichever action is earliest. You must send back or deliver the item to the address shown at the top your Millesima invoice without undue delay and, in any event, no later than fourteen days after you notified us of your intention to withdraw from this contract. The cooling-off period shall be deemed to have been observed if you send the item before the fourteen-day period expires. You shall be responsible for the direct costs of returning the item.
    Property reserve
    It is expressly understood that all our goods remain our property, wherever they may be, until the complete settlement of the corresponding invoices. This is not an obstacle to the transfer of the risks to the buyer, once the delivery of the goods is effective.
    Contract cancellation
    In the event the customer has not settled payment due on the settlement date and after a period of one month after the final demand for still due settlement, the sale will be cancelled by the seller if it wishes to, and the deposit that might have been paid refunded to the buyer. The seller may as well ask for the goods that are already delivered to be returned, without loss of the interest for delayed payment and damage.
    Applicable law and Jurisdiction
    In the event of issues regarding the application of these here before terms and conditions, we would invite you to find an amicable solution by contacting our customer service department. These general Terms and Conditions will be subject to the Laws of England and Wales and their jurisdiction, under the application of the Rome 1 Regulation.
    Protection of minors - Abuse of alcohol
    The sale of alcohol is prohibited to minors. By ordering our products you certify to be over 18 years old. Abuse of alcohol is dangerous for health. Be able to drink and enjoy with moderation.
    Visuals and data protection
    Photos and illustrations displayed on the website are non-contractual. E&OE. According to the European directive 96/9/CE dated of the 11/03/1996 concerning the Legal protection of databases, Millesima remain the creator and owner of all and part of such databases that are composing this website. All information displayed thereon (texts, images, logos, graphics, icons…) are protected by copyright.

    Use of Information
    This site has been declared at the CNIL N°707016. The information received on the site can be communicated outside, except if refused by the customer. The use of this information can also be made for legal reasons or subject to regulations. In application of the article n°12 and n°14 of the order 95/46/CE of the European Parliament and Council (European Data Protection), you have the right to access to, modify, correct and delete your data. For any claim, feel free to contact our customer service.
    Data protection
    Protection policy for personal data
    While browsing our site, you are requested to share personal data with us. We thank you for your trust and want to inform you concerning the use of your data as well as your rights. Millesima is responsible for the treatment of personal data. Contact details for Millesima can be found in the legal notice section. The treatment of personal data carried out on our site is subject to French Data Protection Authority declaration number 1313201.
    Purposes of the collection and treatment of data
    Personal data collected on our site is used for order processing and management of the commercial relationship (delivery, invoicing and after-sales service). We may also use your data for marketing purposes, either given your express consent or within the limits authorised by the law. We may also potentially use your data to comply with legal and regulatory requirements where necessary.
    Recipients of personal data
    We are the primary recipients of your personal data collected from our site, using the data for processing orders and managing customer relations. Other recipients of personal data are, where required, our payment method or payment security providers, delivery providers and commercial partners. In the case where this is required by law, your consent is requested where the option to refuse is given prior to any transmission of data. If you choose to subscribe to buyer protection, your personal data will be transmitted to Trusted Shops. You can find more details concerning the protection policy in the data protection policy for Trusted Shops.
    Your rights
    It should be noted that the person having their personal data processed benefits from the right of access, modification and refusal for treatment of their personal data. This request can be made by email to the following address: millesima@millesima.com. The client is informed of their right of free subscription to the opt-out list for telephone solicitation to not be contacted concerning commercial offers by phone.
    Email marketing
    If you do not wish to receive email marketing, you can let us know at any moment by clicking on the unsubscribe link given in each email.
    Use of Cookie
    In order to improve your experience on our Site, cookies are sent to your computer, tablet or mobile device. Cookies sent from our site are used to recognise user equipment when the user connects to our Site for the purposes of:
    • Optimising the presentation of our Site for your equipment’s display preferences (display resolution, operating system etc.) during your visit according to the viewing or reading software which your equipment has.
    • Allowing the user to access restricted and personal areas on our Site, such as their personal account in the database submitted at the moment of creation of the account. The user accesses personal content provided for them on this basis.
    • Storing information relating to a form which you have filled in on our Site (account access/your preferences).
    • Setting up security measures, for example when the user is requested to connect after a certain time-out period.
    For the purposes of collecting statistics and visitation and usage volumes for our Site, we use third party services such as Google Analytics and Digital Analytics. Within this framework, we ensure that these partner companies strictly respect the aforementioned amended Data Protection Act of 6 January 1978 and endeavour to put in place the appropriate measures for security and the protection of confidentiality of data.
    Web Browser Settings
    You can choose to deactivate cookies at any moment. Your browser may also be set up to notify you when cookies are sent to your computer for you to accept or refuse them. You can accept or refuse cookies on an individual basis or refuse them completely. We remind you that this setting could potentially change your conditions of access for our content and services which require the use of cookies. If your browser is set up to disable cookies entirely, you will be unable to benefit from part of our services.
    To configure cookies in a way most suited to your needs we invite you to configure your browser to reflect the function of cookies.
    Internet Explorer:
    Click on the Tools button and then on Internet Options.
    In the General tab, under History, click on Parameters.
    Click on the Show hidden files and folders button.
    Mozilla Firefox:
    Go to the Tools tab in the browser and then select the Options menu
    Choose Privacy and then click on Show Cookies
    Safari:
    Select Edit > Preferences in your browser menu.
    Click on Security.
    Click on Show Cookies.
    Google Chrome:
    Click on the icon in the Tools menu.
    Select Options.
    Click on the Advanced Options tab and open the Confidentiality section.
    Click on the Show Cookies button.
    For further information concerning cookies, please refer to the French Data Protection Authority site (in French): https://www.cnil.fr/fr/cookies-traceurs-que-dit-la-loi
    Download the cancellation form
    Click here to download the pdf or copy the following model:
    Name of the customer: ..............................................................................................................
    Address of the customer: ..........................................................................................................................
    .........................................................................................................................................
    email: ....................................................................................................................
    To (Name of the professional): .....................................................................................................
    I hereby confirm my desire to cancel the contract related to the sale of the following goods
    .........................................................................................................................................
    .........................................................................................................................................
    ordered on the ...../...../..........
    delivered on the ...../...../..........
    Date: ...../...../..........
    Signature of the customer (exclusively if this form is sent back on paper):