General Terms and Conditions of Sale
La Sommelière is a brand of the FRIO ENTREPRISE group.
The present General Terms and Conditions (hereinafter referred to as "GTC") contain the exclusively applicable conditions between you ("Customer") and us, FRIO ENTREPRISE, for contracts concluded through our online shop https://it.lasommeliere.com/. Orders in the online shop may only be placed by consumers as defined in § 13 BGB, provided they are at least 18 years old. Any terms contrary to or deviating from our GTC are not accepted by us.
Subject
The GTC are intended to describe the terms of distance selling of goods and services between FRIO ENTREPRISE and the Customer. They express all of the rights and obligations of the parties. FRIO ENTREPRISE may adapt or modify these GTC at any time. The applicable GTC are those in force on the day of the Customer’s order.
Orders
1. General Information
The Customer places their order in accordance with the specifications on the Site. Any order validated by the Customer will only be considered effective by FRIO ENTREPRISE after acceptance by the MOLLIE Internet payment server. Through the Site, the Customer can choose to have their order delivered to their home or to an address of their choice. Any modification or cancellation of the order requested by the buyer can only be taken into account if it reaches us in writing before the shipment of the products. FRIO ENTREPRISE reserves the right, in any case, not to act on it.
2. Anti-Fraud Control
To ensure the security of transactions and prevent payment fraud on the Internet, FRIO ENTREPRISE reserves the right to verify the reliability of the information entered when the Customer registers their order. Therefore, FRIO ENTREPRISE’s Customer Service may request from the Customer, by phone and/or email, one or more supporting documents (a copy of ID and proof of address). This request will suspend the order pending receipt of these documents by email at contact@lasommeliere.com or by mail to: FRIO ENTREPRISE, Service Site Internet, 143 boulevard Pierre Lefaucheux, 72230 Arnage. FRIO ENTREPRISE may cancel the order in case of non-conformity of the documents or failure to provide them. In this event, the cancellation of the order will not give rise to any compensation for the Customer.
Prices
The prices of the products on the Site are indicated in euros, all taxes included, but excluding delivery charges. Product prices are those in force at the time the Customer places the order. However, FRIO ENTREPRISE reserves the right to modify its sales prices at any time before the order is placed.
Payment
Products and services presented on the site are payable when the order is placed.
4.1 Payment terms
Payment can be made via the MOLLIE platform, by bank card, bank transfer, or via PayPal. We also offer an option for 3-4 installments without fees via Klarna.
FRIO ENTREPRISE, Service Site Internet, 143 bd Pierre Lefaucheux, 72230 Arnage.
4.2 Default of payment
FRIO ENTREPRISE reserves the right to refuse to honor an order or to deliver to a Customer who has not fully or partially paid a previous order or with whom a payment dispute is ongoing. FRIO ENTREPRISE reserves the right to suspend or cancel any order and/or delivery, regardless of their nature and progress: i/ in the event of non-payment of any amount due by the Customer, ii/ or in the event of a payment incident.
4.3 Retention of ownership
It is agreed that goods delivered and invoiced to the Customer remain the property of FRIO ENTREPRISE until full payment of their price. Non-payment may lead to reclaiming the goods.
Product Availability and Delivery
1. Conditions
Deliveries are only made in mainland Italy.
Delivery is made either by direct handover of the product to the buyer or by delivery to a shipper or carrier at the premises of FRIO ENTREPRISE. Delivery costs are borne by the Customer and vary depending on the type of order. They are indicated to the Customer at the time they check the availability of their product.
2. Availability and delivery times
Availability is indicated when the Customer views the product. In case the ordered product is unavailable, the Customer will be informed as soon as possible and will have the option to cancel their order. In case exchange is impossible, FRIO ENTREPRISE reserves the right to cancel the order and refund the amounts paid. Product unavailability shall not engage the liability of FRIO ENTREPRISE nor entitle the Customer to damages. If no delivery time is specified, delivery will take place as possible and in the order in which orders are received. Agreed delivery times are indicative and non-binding.
3. Delivery delay
Exceeding delivery times cannot give rise to damages, withholding, or cancellation of current orders. No penalty or damages for delayed, early, partial, or excessive delivery will be accepted. Similarly, no penalty will be accepted for delays due to traffic accidents, police checks, or prolonged waiting on other platforms. Damage occurring during transport may result in partial or total refusal of the order related to such damage. As this is beyond our direct responsibility, it will not entitle the Customer to penalties. If no damage is formally reported to the carrier upon product inspection at delivery, FRIO ENTREPRISE disclaims responsibility for any damage, whether in warehouses or at sales premises.
4. Transport
Delivery is deemed to have been made by making the goods ordered available to the Customer by the carrier. This is evidenced by the Customer signing the delivery note, who must check the goods upon arrival, report any defects, or refuse the product if necessary.
Our “standard” or “curbside” deliveries, which are free of charge for the Customer, take place at the “curbside,” meaning at the entrance to your building or house. You must make arrangements to receive your package and transport it by your own means. Remember to measure your doors, stairs, and elevators before confirming your order.
Product returns
1. Complaints
The Customer must check upon delivery or upon availability of their order that they have the announced number of packages and that the products are in good condition. If the delivered product(s) does not (do not) conform in nature or quantity to the specifications on the delivery note or invoice or has suffered damage during transport, the Customer must note their reservations clearly on the delivery slip and also report transport damage. In the case of a non-conforming product, if delivery was made:
- by express parcel: a prepaid label will be sent to the Customer by mail to return the product(s) at our expense upon receipt of the complaint,
- by a carrier: the carrier will schedule an appointment to collect the goods from the Customer's home.
In this regard, it is essential that the Customer keeps the items in their original packaging and in the condition in which they were delivered. The Customer will then be contacted promptly by FRIO ENTREPRISE and again delivered free of charge and by appointment for any available product.
2. Right of withdrawal
Period: In accordance with Articles L.121-20 et seq. of the Consumer Code, the Customer has a period of fourteen (14) days from delivery of their order to return any item they do not wish to keep, in its original packaging, and request a refund from FRIO ENTREPRISE.
Procedure: The right of withdrawal is exercised by registered letter with acknowledgment of receipt to the following address: FRIO ENTREPRISE, Site Internet La Sommelière, 143 boulevard Pierre Lefaucheux, 72230 ARNAGE.
Return costs related to the customer's withdrawal: Return costs related to the customer's withdrawal are the exclusive responsibility of the customer. Product(s) returned with postage due or cash on delivery will be refused by FRIO ENTREPRISE. If the product(s) was (were) delivered by a carrier, the carrier will collect the product(s) at the Customer's home by appointment. The associated costs will be deducted from the refund made to the Customer. In any case, the returned products must be in their original packaging, unused, accompanied by their proof of purchase and any accessories, unassembled, instructions for use, and documentation. The refund or exchange assumes that the product has not been damaged by the Customer or returned incomplete. The refund of returned product(s) will be made as soon as possible and no later than 30 days following withdrawal.
Warranties and After-Sales Service
1. Definition of warranty
FRIO ENTREPRISE grants the Customer a national warranty of one year on functional parts only for electrical appliances. This warranty does not cover labor or travel costs. FRIO ENTREPRISE grants the Customer a national warranty of two years on functional parts, labor, and travel for wine cellar-type products purchased on one of its commercial websites, here at it.lasommeliere.com. The product is guaranteed if it is accompanied by its purchase invoice. The warranty covers the products in their purchase configuration and if their serial number remains legible. The warranty is valid in mainland Italy.
2. Fault on unpacking
If, upon unpacking, a defect appears preventing the product from being used in its intended configuration, the Customer must contact FRIO ENTREPRISE within 72 working hours. The product will then be exchanged (excluding breakage during assembly and missing hardware).
3. Warranty extensions
Warranty extensions marketed by FRIO ENTREPRISE are valid only on appliances of FRIO ENTREPRISE brands. Warranty extensions cover only technical breakdowns. Warranty extensions cover the costs of defective parts, labor, and travel in mainland Italy, excluding islands. If necessary, the intervention of a technician will take place on-site in mainland Italy, excluding islands.
4. Warranty exclusions
Warranty extensions do not cover aesthetic or cosmetic parts, accessories, or wear parts (cables, seals, filters, lamps...). Warranty extensions do not cover:
- Consequences of inappropriate transport of products (for example transporting products lying down)
- Damage or breakdowns caused by or following non-compliance with instructions, use of unsuitable energy, incorrect installation or connection, lack of maintenance, regular cleaning, or draining
- Damage attributable to external causes: theft, vandalism, electrical overvoltage, fall, lightning, flooding, fire…
- Professional or commercial use
- Second-hand or downgraded appliances
- Maintenance operations, including annual defrosting, condenser dust removal, and condensate drain cleaning
- The content of the products
The above provisions cannot in any case reduce or eliminate the legal warranties.
Liability
FRIO ENTREPRISE will not incur any liability for any indirect damage or costs, nor for any losses, including loss of data or information, and any damage or costs arising from the use or the impossibility of using the product by the Customer. FRIO ENTREPRISE cannot be held liable for goods stored inside its equipment that may be damaged. Only the buyer is responsible for the contents of the equipment sold by FRIO ENTREPRISE. FRIO ENTREPRISE cannot be held responsible for goods located within the buyer’s premises either.
Force majeure
FRIO ENTREPRISE cannot be held liable for failure to perform the contract due to the occurrence of a force majeure event. Force majeure or unforeseeable circumstances that release the parties from liability include any irresistible, unforeseeable, and external circumstances beyond the parties’ control.
Personal Data
As part of your commercial relationship with FRIO ENTREPRISE, we may ask you for certain personal data. We will specify whether this data is mandatory or optional.
It is used only to process your order or your request (newsletter subscription, contest participation, information request, etc.) and to personalize communication and product offers on the site and in our newsletters.
Your data is confidential. FRIO ENTREPRISE undertakes not to disclose it to third parties other than its subcontractors without your express consent. Thus, we only transmit your contact details to companies selected by FRIO ENTREPRISE whose offers may interest you if you accepted this when you registered.
Our website is also designed to be particularly attentive to our customers’ needs. For this reason, we use cookies. The purpose of the cookie is to indicate your visit to our site to improve the personalized service intended for you and to facilitate your browsing on our site. You may refuse the installation of such cookies on the computer you are using by modifying your Internet browser options (for example, for Internet Explorer 7, by maximizing the privacy settings under tools/Internet options/privacy/settings).
WARNING: such manipulation may prevent you from using certain features of our site in the future, as well as other websites on this computer.
In accordance with the law of January 6, 1978, relating to data processing, files, and freedoms, you have the right to object, access, rectify, and delete data concerning you, which you may exercise under the conditions provided by the law of January 6, 1978, by mail addressed to the FRIO ENTREPRISE Consumer Service:
143 boulevard Pierre Lefaucheux
72230 ARNAGE
France
In all cases, your request must be signed and accompanied by a photocopy of your identity document.
Modification of the Terms and Conditions of Sale
Any modification made to these General Terms and Conditions of Sale must, to be valid and binding on FRIO ENTREPRISE, be contained in a written document signed by a person expressly authorized by FRIO ENTREPRISE and referring to these General Terms and Conditions of Sale.
Applicable Law
These GTC are subject to French law. In the event of disputes, only the French courts shall have jurisdiction.
Jurisdiction Clause
Consumer Dispute Mediation
In accordance with Articles L611-1 et seq. and R612-1 et seq. of the Consumer Code, it is provided that for any contractual dispute relating to the execution of the sales contract and/or the provision of services that could not be resolved through a complaint previously submitted to our customer service, the Consumer may resort free of charge to mediation. They may contact the Association Nationale des Médiateurs (ANM) either by mail at 62 rue Tiquetonne, 75002 PARIS, or by filling out the online referral form at the following address: it.anm-conso.com.
Company Contact Details
FRIO ENTREPRISE – Headquarters
143 boulevard Pierre Lefaucheux
72230 ARNAGE
FRANCE