CWL (hereinafter collectively the "Seller" or "CWL") has set up an e-commerce service available on the Internet at the following address: www.exclusive.lu (hereinafter the "Site") for consumer customers (hereinafter the "Customer(s)"), i.e. any natural person who intervenes for purposes other than in the context of a commercial, industrial, artisanal or liberal activity.
Except for specific stipulations agreed upon in writing between the parties, any order placed on the Site is automatically subject to the present general sales conditions. These take precedence over any other document, such as prospectus, press, catalog or e-mailing issued by the Seller, which are only indicative.
Any use of the Site and/or placing of an order implies having previously consulted and accepted the entirety of these general conditions of sale.
CWL reserves the right to adapt or modify these general terms of sale at any time. In the event of modification, the general terms and conditions of sale applicable to each order are those in force on the day of the order.
All our offers of deliverable wines are valid within the limits of available stocks. Prices are expressed in Euros, all taxes included. CWL reserves the right to apply restrictions to the quantities available, or even to refuse or cancel an order that appears abnormal.
Orders are confirmed by the sending of the invoice but are only final upon receipt of full payment for the goods.
The payment of the goods is carried out in totality with the order, either by bank card such as Carte Bleue, Visa, Eurocard Mastercard, American Express, or by transfer on our bank account with the following references :
BIL
Code BIC/SWIFT : BILLLULL
IBAN : LU42 0028 5101 2749 1700
CWL will draw up an invoice in Euros, including VAT, and will send it to the client at the billing address indicated. For all orders over 150 Euros (including VAT) delivered at once to an address located in the Grand Duchy of Luxembourg and the Greater Region, delivery is free. For all orders below 150 Euros including VAT, a contribution to the transport costs of 25 Euros including VAT will be requested, and for multiple deliveries in the Grand Duchy of Luxembourg and the Greater Region, a contribution of 16 Euros including VAT per recipient will be added.
The goods are insured by us during their transport on the territory of the Grand Duchy of Luxembourg and the Greater Region and travel at our risk. Our deliveries are made within a maximum of 30 working days from the receipt of the full payment of the final invoice. In the event of failure to comply with the 30-day delivery period, except in the event of force majeure, the Client may cancel the order by registered letter with acknowledgement of receipt or in writing on another durable medium if, after having asked CWL to make the delivery within a reasonable additional period, CWL has not ensured delivery within this period. The Client may immediately cancel the order if the delay was an essential condition of the order. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the Client before the conclusion of the contract. To do so, the Client must send its cancellation by registered letter with acknowledgement of receipt to the following address CWL, 22, rue Raymond Poincaré, L-2342 Luxembourg. The Client will obtain the return of his/her payment, to the exclusion of any other compensation or damages, at the latest within 14 days following the date on which the order was cancelled. In the event of an error in the information provided by the Client, CWL cannot be held responsible for the impossibility of delivering the goods to the right place at the right time.
Upon receipt of the goods, it is the recipient's responsibility to check the condition of the goods and to make all necessary observations in case of breakage, damage or missing items. The reserves are to be formulated on the delivery order, and within three days following the reception, by registered letter with acknowledgement of receipt to the carrier, with a copy to the Seller, in order to preserve its rights. If the Customer has undertaken to collect the goods himself, and if the goods are not collected within a maximum of one month after the planned collection date, CWL shall be entitled to charge additional storage costs at the rate of 12 euros (including VAT) per box/carton and per month of delay.
Any sum not paid on the due date will automatically and without prior notice be subject to a penalty at the legal interest rate in force. In the event of recovery by legal action, this will give rise to a proportional indemnity corresponding to the costs incurred in the above-mentioned fixed recovery, which CWL estimates at 25% of the amount of the order.
The Customer has the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day you, or a third party designated by you, takes physical possession of the goods. The Customer may also, at his express written request, exercise his right of withdrawal from the conclusion of the order.
To exercise the right of withdrawal, the Customer must express his/her decision to withdraw from this contract by means of a clear and precise statement (for example, letter sent by post or e-mail) to the following address CWL, 22, rue Raymond Poincaré, L-2342 Luxembourg, Email : info@cwl.lu.
You can also use the model withdrawal form below, but this is not obligatory.
Effect of Withdrawal: If you withdraw from this Agreement, CWL will return all payments received from you, including delivery charges (except for additional charges resulting from your selection of a delivery method other than the less expensive standard delivery method offered by CWL), no later than fourteen days from the day we are notified of your decision to withdraw from this Agreement. We will issue the refund using the same method of payment that you used for the original transaction, unless a different method is agreed upon in advance. The chosen method of refund will not incur any costs for you. We may defer the refund until CWL has received the goods.
You must return the goods to the address shown on the header of your CWL invoice without undue delay and in any event no later than fourteen days after you have informed us of your decision to cancel your order. This deadline is deemed to have been met if you return the goods prior to the expiration of the fourteen day period.
You will have to pay the direct costs of returning the goods.
The Customer shall only be liable for the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of such goods.
In the event that the products ordered are out of stock, CWL may, with the agreement of the Client, offer to replace them either with another vintage or with an equivalent wine.
All our goods remain our property, until the complete payment of the due invoices. This does not call into question the transfer of the risks of the goods to the customer as of the delivery of the goods.
In the event of non-payment by the Customer or withdrawal of the goods at the agreed deadline and one month after a formal notice remained unsuccessful, the sale can be automatically terminated by the Seller, with reimbursement of the possible deposits paid by the Customer, and the possibility for the Seller to ask for the return of the products already delivered, if necessary, without prejudice to other damages.
In the event of difficulties in the application of the present general conditions of sale, we invite you to seek an amicable solution by contacting CWL beforehand. If you have sent a written complaint and you have not received satisfaction or a reply within two months, you may submit your complaint free of charge to the consumer ombudsman. The mediator must be contacted within one year of the initial complaint. The mediator is: Service national du Médiateur de la consommation. He can be consulted directly online at the following address: info@mediateurconsommation.lu - or by mail: Service national du Médiateur de la consommation, Ancien Hôtel de la Monnaie, 6, rue du Palais de Justice, L-1841 Luxembourg.
The present general conditions of sale are subjected to the Luxembourg law. In the event that one of the clauses of the present general sales conditions is null and void, this will not affect the validity and respect of the present general sales conditions. In case of dispute resulting from or related to the placing or execution of an order, the competent Luxembourg court will be designated according to the rules of common law.
In accordance with the law of December 22, 2006 prohibiting the sale of alcoholic beverages to minors under 16 years of age, the Customer declares and undertakes to be at least 16 years of age on the date of the order.
Alcohol abuse is dangerous for your health, consume with moderation.
The photos used on the site are for illustrative purposes only and have no contractual value. We invite you to consult the description of each product to know the precise characteristics.
In accordance with the provisions of Law n°98-536 of July 1, 1998, transposing Directive 96/9/CE of March 11, 1996, concerning the legal protection of databases, CWL is the producer and owner of all or part of the databases making up this Site. Furthermore, all content appearing on this Site (texts, images, photos, graphics, logos, icons) are protected by copyright. Any use or reproduction, even partial, of the Site or its contents is strictly forbidden, except with the express authorization of its author.
During the use of our site, You can be brought to communicate personal data to us. We thank you for your trust and wish to inform you of the use of your data and your rights. The company responsible for processing personal data is CWL, whose contact details are given in the legal notice.
The purpose of this personal data protection policy is to govern the use that is made of the personal data concerning You and to inform You about the processing that we carry out on Your Personal Data when You consult and use the site www.exclusive.lu.
WITHDRAWAL
(Please complete and return this form only if you wish to cancel)
To the attention of
CWL
22, rue Raymond Poincaré - L-2342 Luxembourg
E-mail : info@cwl.lu
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*) below :
If your request concerns only a part of your order, please specify the product(s) you are withdrawing from and their quantity :
Date :
Signature :
(*) Cross out what is not applicable
Name : ExclusivE by CWL
Legal form : SARL
RCS : Luxembourg B205792
VAT number : LU28486868
Registered office : 22, rue Raymond Poincaré, L-2342 Luxembourg
Share capital : 12.500 Euros
Phone : 00352-691 555 808
E-mail : info@cwl.lu