These Terms and Conditions of Sale (hereinafter “Terms and Conditions of Sale”) apply to the distance selling of wine by TASTE OF AFRICA (hereinafter the “Seller”), ordered via the Seller’s internet site (www.taste-of-africa.eu and / or www.toawines.com and / or www.toawine.com) (hereinafter the “internet site”), by any natural person acting in a capacity other than professional, industrial or commercial (hereinafter the “Buyer”).

In the absence of any specific written agreement between the Seller and the Buyer, all orders (hereinafter “the order” or “orders”) shall be subject to these Terms and Conditions of Sale, regardless of any clause which may appear on the Buyer’s documents.

The Buyer may consult these Terms and Conditions of Sale at any moment during the order process, including prior to finalising the order, by clicking on the “Terms and Conditions of Sale” tab on the internet site. In finalising his order, the Buyer therefore confirms that he has been able to read, and accepts, without reservation, the application of, the Terms and Conditions of Sale.

The Terms and Conditions of Sale shall take precedence over any other document produced by the Seller (catalogue, prospectus etc) which are not contractually binding.

2. Description and availability of goods

The characteristics of the goods offered for sale are described on the internet site.

The photographs provided on the site are for illustrative purposes only and are not contractually binding.

All offers are made within the limits of available stock. The Seller reserves the right to cease selling a particular wine at any given moment.

3. Price

The price of the goods indicated on the internet site shall include all VAT and other taxes (excise duty and any other taxes) levied in the Grand Duchy of Luxembourg.

The price shall not include delivery costs.

Any taxes and excise duty due as a result of the export of the goods outside the Grand Duchy of Luxembourg shall be borne by the Buyer.

4. Order

Before making his order, the Buyer shall choose the wines and quantities required directly in the catalogue available on the internet site. The Buyer shall complete the accompanying form (including name, surname, address, email and phone number). The order shall be communicated to the Seller by clicking “Send”.

The Seller shall reply with an email detailing the unit price excluding VAT, the amount of VAT, the delivery costs and the final total price of the order, taking into account any reductions or promotions. The email shall also include details on payment methods, delivery methods and estimated delivery time. This email shall constitute the firm offer of the Seller.

If the ordered goods are no longer available, the Seller may modify the order and propose a different vintage or equivalent wine.

Until the order is validated, the Buyer shall be free to modify his selection. If the Buyer is in agreement with the offer, he shall reply via email to the Seller, confirming his acceptance of the offer as stated in the Seller’s email.

This acceptance constitutes the order for sale and agreement with the Terms and Conditions of Sale.

An invoice shall be generated by Seller and sent by email to the Buyer. This invoice shall include the list of wines purchased, the unit price excluding VAT and other taxes, the price inclusive of VAT and other taxes and the delivery costs.

Payment instructions shall be included on the invoice.

The invoice shall be paid in its entirety. The ordered goods shall be dispatched upon receipt of full payment.

5. Delivery

Delivery shall be made to the home address of the Buyer, or any other address indicated at the time of order. The Buyer may also choose to collect the goods himself.

The confirmation email sent by the Seller shall include an estimated delivery date. If the order contains different delivery times for different goods, the latest date shall apply to the entirety of the order unless the Buyer and the Seller agree to deliver the goods in multiple deliveries.

The delivery date indicated shall be as precise as possible, however, it may vary, taking into account the availability of stock and the delivery of goods to the Seller.

Delayed delivery of the goods shall not give rise to damages nor to a reduction in price, nor shall it give the Buyer the right to cancel the order. However, if delivery has not occurred within a month of a written request of the Buyer, sent by registered post to the Seller, the order can be cancelled at the request of one of the parties and the Buyer shall be refunded all sums paid. The refund shall be made within a maximum of 30 days.

The delivery date can be relied upon only if the Buyer has provided full and accurate information to the Seller as to the delivery address. The Seller shall not be liable for any delay in delivery or failure to deliver resulting from an error by the Buyer. In such circumstances the Buyer shall forfeit his right to rescind the contract.

The addressee of the delivery shall inspect the goods upon receipt. Any damage or missing goods shall be indicated on the delivery note and a formal complaint made to the transport company by registered post within 48 hours of delivery. A copy shall be sent to the Seller.

6. Guarantee

In accordance with Article L. 212-1 and subsequent articles of the Luxembourg Consumer Code, the Seller shall guarantee the goods against any lack of conformity with the order existing at the time of delivery. This guarantee is valid for two years.

Any complaint shall be notified to the Seller within 2 years at the address mentioned in the Terms and Conditions of Sale.

To conform with the order for sale, the goods shall:

correspond to the essential characteristics of the ordered goods (grape variety, origin, vintage, producer);
present no defects which render the goods unfit for consumption, such as the wine being corked.

Because of the particular nature of the goods concerned, this guarantee does not cover the taste of the product, which falls within the subjective appreciation of the Buyer.

The Buyer shall be aware that the goods in question are fragile comestibles which require particular care and attention as to the manner in which they are stored.

Consequently, where a complaint is made after a period of two months from the date of delivery, the Buyer shall be required to prove that the wines have been stored in accordance with current good practice so as to allow the Seller to verify whether the defect existed at the moment of sale or arose as a result of incorrect storage by the Buyer.

7. Withdrawal

In accordance with Article L. 221-3 of the Luxembourg Consumer Code, the Buyer shall have the right to withdraw from the contract within 14 days of delivery of the goods.

To exercise this right, the Buyer shall notify the Seller of his decision to withdraw in an unambiguous manner, or by using the withdrawal form annexed to these Terms and Conditions of Sale.

The decision to withdraw may be notified to the Seller at the address indicated at the end of these Terms and Conditions.

The Buyer shall be required to return the goods within a period of 14 days following notification of his decision. The Buyer shall bear the transport costs for returning the goods.

The Seller shall refund the Buyer the total of all payments received including any delivery costs, provided that the Buyer has chosen the cheapest delivery option proposed by the Seller. The refund shall take place no later than 14 days after the Buyer has informed the Seller of his decision to withdraw from the contract. The Seller shall use the same means of payment for the refunds as that used by the Buyer for payment unless the Buyer agrees to another means of payment which incurs no additional costs for the Seller.

8. Rescission of the contract

If the Buyer fails to pay the agreed amount within 1 month of the agreed date for payment, the Seller may rescind the contract and refund the Buyer any sums already paid.

9. Protection of minors

In accordance with the law, the sale of alcohol to minors (under 16 in Luxembourg) is prohibited. The Buyer shall confirm, at the moment of validation of the order, that he is older than 16.

10. Intellectual property

All images, logos, presentations, texts and graphics present on the internet site are protected by copyright and other intellectual property rights. Their reproduction or partial reproduction is strictly prohibited.

11. Data protection

The Buyer authorises the Seller to retain his personal data insofar as the retention and processing of that data is required to allow the Seller to fulfil his legal obligations and that the processing is carried out in accordance with the legal and regulatory requirements in force regarding the protection of personal data. The data will be collected in order to perform correctly your order, as well as for marketing purposes. Your data may be transferred to third parties (such as bank or transporter). You have the right to request access to and rectification of your personal data.

12. Choice of law

These Terms and Conditions of Sale, and any contract concluded with the seller shall be governed by the law of the Grand Duchy of Luxembourg.

The goods offered for sale comply with Luxembourg law. If the Buyer intends to export these goods to another country, it shall be for the Buyer to verify whether the goods in question can be imported into the country in question. The Seller cannot be held liable for any breach of national, international or European laws caused by the sale of these goods.