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Terms and conditions

Last update: November 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.
    Privacy And Cookie Policy

    INTRODUCTION
    While browsing our site, You communicate personal data to us. Thank You for placing Your trust in us. In this policy, we want to explain how Your data are used and what Your rights are. The Personal Data Controller is the company MILLESIMA, whose contact details You can find in the legal notices.

    The purpose of this Personal Data Protection Policy (hereinafter the “Privacy Policy”) is to: (i) establish a framework for the use of personal data concerning You (hereinafter “Personal Data”) and; (ii) inform You about the processing operations we perform on Your Personal Data when You visit and use the site www.millesima.co.uk.
    1. DEFINITIONS
    For the purposes of this Privacy Policy, the terms with capital letters shall have the following meanings, whether used in the singular or in the plural:

    "Cookies” means text files stored on a User’s device which are used to store information about the User.

    “Personal Data” means any information concerning an identified or identifiable natural person. An “identifiable natural person” is one that can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number (such as a cookie or an IP address), location data, or an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

    “Partners” means the various service providers used, be it for the processing of Your orders, product delivery, the after-sales service, technological services, advertising services, social media, etc.

    “General Data Protection Regulation” means the entirety of European Regulation No 2016-679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter the “GDPR”), and the local laws on the protection of personal data (in France, these include, in particular, Law 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties, as amended).

    “Site”: means the website accessible at the URL https://www.millesima.co.uk/;

    “You”, “Your” or “User” refers to i) any visitor to the Millésima Site, i.e. a person browsing the Site without having created a customer account or placed an order; ii) any prospective customer of Millésima, i.e. a person who has created a customer account but has not yet ordered any products; and iii) any Millésima customer, i.e. a person who has placed an order via the Site.
    2. PURPOSES OF COLLECTION AND PROCESSING OF PERSONAL DATA
    Millésima uses Your Personal Data for various purposes, particularly when i) You visit the Site, which uses cookies; ii) You create an account on the Site; iii) You purchase our products; or iv) You subscribe to our email newsletter. More specifically, Your Personal Data are necessary for You to access our Site, for the use and improvement of the Site, and to enable us to:

    PURPOSES OF PROCESSING LEGAL BASIS FOR PROCESSING
    Managing customer relations and product orders:

    - Carry out the operations involved in our commercial dealings, i.e. those concerning orders, transport, deliveries, payment, invoices, accounting, and customer relationship management, such as conducting satisfaction surveys, managing complaints and managing the after-sales service.
    The legal basis for this processing is that it is necessary, depending on the case, for the purposes of the legitimate interests pursued by Millésima or for the performance of the contract with the concerned person.
    Managing marketing actions and customer acquisition (direct marketing):

    - Offer You solutions from Millésima and Partners based on Your choices.

    - Customise our Site and our offers based on the preferences that we have observed and/or You have declared, including in Your personal account, and Your needs.

    - Customise our communications with You, particularly through information emails, based on the preferences that we have observed and/or You have declared, Your needs and Your choices.

    - Carry out commercial solicitation operations.

    - Produce sales and marketing statistics, as well as statistics based on analysis and marketing tools (classifications, scores, etc.)

    - Organise competitions, lotteries or any other promotional operation, excluding online gambling activities that are subject to approval from the online gambling regulatory authority.

    The legal basis for this processing is that it is necessary, depending on the case, for the purposes of the legitimate interests pursued by Millésima or for the performance of the contract with the concerned person, or that it is done with the consent of the concerned person (particularly in the case of emailing of commercial solicitations to visitors and prospective customers).
    Managing complaints and requests to exercise their rights from visitors, prospective customers and customers:

    - Manage requests to exercise the rights set out in Article VIII below.

    - Manage any complaints and/or disputes.

    - Manage Your customer comments and reviews on the Site and/or on the webpages we publish and host on social media.

    The legal basis for this processing is that it is necessary, depending on the case, in order for Millésima to fulfil a legal obligation, for the purposes of legitimate interests pursued by Millésima, or for the performance of the contract with the concerned person.
    3. PERSONAL DATA COLLECTED

    All the information You provide to us during Your visits to our Site and/or when placing Your orders is strictly confidential. This information is necessary for processing operations such as managing Your orders and our commercial dealings with You.

    We collect the Personal Data You voluntarily declare to us upon creating Your personal account, i.e.: Your family name, first name, date of birth, gender and email address.

    We also collect and process the following Personal Data:
    - The following Data concerning the monitoring of Your commercial dealings with our company: products ordered, quantity, amount, frequency, delivery and/or billing address(es), telephone number, building access code, and any other relevant information about delivery (tracking number, delivery status, etc.); purchase history, product returns, correspondence and/or telephone exchanges with You and our after-sales service, exchanges with and comments from customers, persons in charge of customer relations, etc.
    - The Data necessary to: i) carry out loyalty-building, customer acquisition (direct marketing) and promotion operations; ii) organise and process competitions, lotteries and any promotional operation, such as the date of entry, the answers submitted for the competition, and the nature of the prizes on offer; iii) Data concerning Your contributions (reviews of products, content or the Site).

    The main purpose of collecting and processing such Personal Data on the Site is to manage Your orders. Collection and transmission is mandatory for some Data and optional for other Data, as indicated in the collection forms available on the Site.

    Furthermore, we also collect and process Personal Data concerning Your browsing and Your behaviour on the Site: Your IP address, pages visited, etc.
    4. RECIPIENTS OF YOUR PERSONAL DATA

    The recipients of Your Personal Data collected on our Site are, first of all, the duly authorised persons within Millésima, for the processing of Your orders and for customer relationship management.

    We only share this information with Partners that are essential for the provision of third-party services and for the purposes set out in this Privacy Policy, particularly the following categories of recipients:
    - Our providers of payment solutions and payment security;
    - Our delivery service providers and carriers;
    - Our IT service providers;
    - Our service provider specialising in collecting and processing Customer reviews;
    - Our service provider specialising in managing abandoned baskets;
    - The service provider we use to video-record customers’ browsing on the Site so as to have a history of errors and bugs in case of a customer complaint.
    - Our affiliate partners;
    - Our programmatic advertising partner;
    - Our virtual online assistance service provider;
    - The partners we use to send promotional emails and conduct promotions on our Site;
    - Our ad retargeting partners;
    - Social media;
    - Traffic and browsing analysis tools.

    Your Personal Data may be transferred to Partners located in countries that do not offer the same level of data protection as European Union countries (in particular the United States). Millésima ensures that such transfers are subject to appropriate safeguard mechanisms, in particular by ensuring that the Partner is a member of the Privacy Shield or through the signing of standard data protection clauses adopted by the European Commission. You can obtain a copy on request.

    Finally, Millésima may be required to transmit Your data to third parties when it receives a request from a judicial authority, or any other administrative authority authorised by law, asking that such information be communicated in accordance with the legislative provisions in force.
    5. RETENTION OF PERSONAL DATA

    Your Personal Data are collected and processed by Millésima for the time necessary to carry out the processing operations mentioned in paragraph 2 of this Privacy Policy.

    - Data on Visitors and Prospective Customers: Data concerning Prospective Customers are kept in current records (i.e. records ordinarily accessible to the relevant departments of Millésima) for 3 years after the last contact from the Prospective Customer.

    The following shall be considered to constitute a “contact” from the Prospective Customer: logging into to his/her customer account; viewing a product data sheet; adding a product to his/her basket; searching for a product on the Site; clicking on a link contained in the Millésima newsletter or in an email sent by Millésima; or taking part in a competition organised by Millésima.
    Once this 3-year period elapses, Millésima may contact the Prospective Customer again to find out whether he/she wishes to continue to receive commercial solicitations. If no explicit positive response is received from the Prospective Customer, the data will be archived in accordance with any applicable provisions, in particular those of the French Commercial Code, Civil Code and Consumer Code.
    In any case, You may at any time revoke Your consent and ask to unsubscribe from the Millésima Newsletter by clicking on the link contained in the messages sent to You. In such an event, Your Personal Data will be destroyed within 1 month of Your request to unsubscribe.

    - Customer Account Data: Data concerning Customer accounts are kept for as long as is strictly necessary for the management of the commercial relationship. The “end of the commercial relationship” shall be considered to have occurred if the relevant customer account has been deleted, any complaints opened with the after-sales service have been closed, and the customer has not made contact with Millésima for more than 5 years.

    Beyond the end of the commercial relationship with the customer, some data may be archived in accordance with the applicable provisions (including, but not limited to, those of the French Commercial Code, Civil Code and Consumer Code).

    Furthermore, customer data used for customer acquisition (direct marketing) purposes may be kept for 5 years after the end of the commercial relationship (for example, after a purchase or the last contact made by the customer).

    Once this 5-year period elapses, Millésima may contact the Customer again to find out whether he/she wishes to continue to receive commercial solicitations. If no explicit positive response is received from the Customer, the data will be archived in accordance with any applicable provisions, in particular those of the French Commercial Code, Civil Code and Consumer Code.

    - Connection data: Your connection logs, collected subject to Your consent and to the settings of Your device via cookies and other trackers placed on our Site, will be kept for a period not exceeding thirteen (13) months, in accordance with the applicable regulations. For more details about cookies, how they work, and how You can disable them, see the section below dedicated to cookies.
    6. SECURITY MEASURES
    Millésima implements appropriate technical, organisational and physical security measures to protect the personal data processed against damage, loss, misuse, intrusion, disclosure, deterioration or destruction and to prevent unauthorised access to said data, be it accidental or unlawful.

    Millésima’s information systems are equipped with state-of-the-art physical and software protection, and procedures for the physical and electronic backup of data are implemented. Millésima demands the same level of protection from its data processors.
    7. RIGHTS OF INDIVIDUALS OVER THE DATA COLLECTED

    You have the right to request: i) access to and rectification of Your Data; ii) restriction of the processing of Your Data; or iii) the erasure of Your Data and; iv) to withdraw Your consent for processing operations founded on this legal basis.

    You may exercise Your right to object to processing operations used for customer acquisition (direct marketing) purposes. If You receive commercial approaches (direct marketing) by email, You may also change Your settings or unsubscribe from the Newsletter by clicking on the “Unsubscribe” hyperlink present in each Newsletter.

    You may set guidelines on the retention, erasure and communication of Your Personal Data after Your death. These guidelines may be general or specific.

    You may also request to exercise Your right to portability, where applicable, in order to receive Your Personal Data in an open, machine-readable format.

    Lastly, You have the right to file any other complaints with the relevant supervisory authority (in France, the CNIL).

    These rights may be exercised directly, by sending an email to the address indicated in the section “Communicating with Millésima” below.
    8. UPDATES TO THE PRIVACY POLICY
    Millésima may amend this Privacy Policy at any time. Should Millésima wish to use personal data in a different way from that stipulated in the Privacy Policy in effect at the time of collection, such changes will be published in a new version of the Privacy Policy.
    9. COMMUNICATING WITH MILLESIMA
    Should You have any questions or comments concerning the Privacy Policy or the way in which Millésima collects and uses data, You can contact Millésima:
    - by email, at the address RGPD@groupebernard.net
    - by post, at the address : 87 Quai de Paludate - CS 11691- 33050 BORDEAUX CEDEX
    10. COOKIES

    A cookie is a file placed by a publisher on the device used to access the Site (computer, smartphone, tablet).
    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):

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